Vishek Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39192 of 2021 Arising Out of PS. Case No.-60 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== 1.

Vishek Kumar Jha S/O Kanhai Jha R/O Village-Jajuaar Madhya, P.S-Katra, District-Muzaffarpur.

2.

Rupesh Kumar Jha @ Rupesh Jha S/O Kanhai Jha R/O Village-Jajuaar Madhya, P.S-Katra, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2021 Heard learned counsel for the petitioners and learned A.P.P for the State through video conferencing. The petitioners seek bail in Katra P.S. Case No. 60 of 2021, registered for the offence punishable punishable under Section 30(a)/41(1) of the Bihar Prohibition and Excise Act, 2016.

237 litres of foreign liquor has been recovered from the hut of co-accused Lalu Thakur.

It is submitted that no recovery has been made from conscious possession of petitioners. Petitioners have got no concern with the seized liquor or the hut. Petitioners are in custody since 18.03.2021 having no criminal antecedent, as

Patna High Court CR. MISC. No.39192 of 2021(2) dt.01-10-2021 2/2 stated in para 3 of the petition. Investigation is complete. Considering the period of custody coupled with the fact that petitioners bear clean antecedent, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Muzaffarpur in connection with Katra P.S. Case No. 60 of 2021, subject to following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below. (ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T