Ramesh Kumar Jha @ Antim Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27523 of 2024 Arising Out of PS. Case No.-217 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== Ramesh Kumar Jha @ Antim Jha SON OF RAJ KUMAR JHA Village - KUSMUAL, PS- RAJNAGAR, DIST- MADHUBANI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratnakar Jha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-05-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Pandaul P.S. Case No. 217 of 2022, registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a), 36, 38, 41(1) Bihar Prohibition and Excise Act 2016.

3. As per allegation, police got information that in village Khangaon, Chaudhary Tola near the house of Saroj Chaudhary, a huge amount of liquor was stored. The police raided that place and arrested Saroj Chaudhary. On search, 993.6 litres of illicit liquor was recovered from his possession. Saroj Chaudhary disclosed that liquor was pertaining to the petitioner.

Patna High Court CR. MISC. No.27523 of 2024(2) dt.10-05-2024 2/3

4. The learned counsel for the petitioner has submitted that nothing was recovered from his possession and his name has figured in confessional statement of co-accused. The bail petition of the petitioner was rejected merely on the basis of a pending case, in which the petitioner is on bail.

5. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Pandaul P.S. Case No. 217 of 2022, subject to the following conditions:- (i)The learned court below, before accepting the bail bond, shall verify the criminal antecedent of the petitioner.

(ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(iii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the

Patna High Court CR. MISC. No.27523 of 2024(2) dt.10-05-2024 3/3 petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Nirmal/- U T