Anil Jha @ Bhula Jha @ Anil Kumar Jha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39188 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Anil Jha @ Bhula Jha @ Anil Kumar Jha,

2. Sunil Jha Both are Sons of Ram Balak Jha, Both are R/o Vill.- Jhakhra, P.S.- Sarairanjan, District- Samastipur.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Dilip Kumar Roy, Advocate. For the Opposite Party : Mr. Amit Kumar Rakesh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 272, 273, 504, 506 of the IPC and 30(a), 37(A)(37(B) and 37(C) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that on 16.03.2018 the informant arrested a person who was in drunken state and had been creating nuisance and assaulted a hotel owner. After checkup, the doctor assured the informant that the arrested person consumed liquor. He disclosed that he purchased liquor from these petitioners.

Patna High Court Cr.Misc. No.39188 of 2018 (3) dt.24-07-2018 2/2 It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The name of the petitioners has come on the basis of disclosure made by the coaccused Deo Bhushan Jha. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. There is no recovery of liquor in the present case. On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Samastipur, in connection with Ujiyarpur P.S. Case No. 58 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K.