← Library
Patna High CourtCR. MISC./32851/2024allowed

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

2024-05-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32851 of 2024 Arising Out of PS. Case No.-176 Year-2023 Thana- PANDAUL District- Madhubani ====================================================== Ramesh Kumar Jha @ Antim Jha @ Ramesh Jha Son Of Raj Kumar Jha Resident Of Village - Kushmaul, P.S. - Rajnagar, District - 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.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273/34 of the Indian penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 205.5 litres of Nepali country made liquor from a Tempo bearing Reg. No. BR-32PA-2560.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the

Patna High Court CR. MISC. No.32851 of 2024(2) dt.16-05-2024 2/3 alleged recovery. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from his conscious possession. It is further submitted that petitioner is driver of the seized Tempo and he has no knowledge about the recovered liquor. Moreover, he is languishing in judicial custody since 13.02.2024. Similarly situated co-accused Sanjay Chaudhary has been granted bail vide order dated 09.11.2023, passed in Cr. Misc. No. 72147 of 2023 by this court.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions

Patna High Court CR. MISC. No.32851 of 2024(2) dt.16-05-2024 3/3 Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Pandaul P.S. Case No. 176 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T