Kanhai Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31723 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Kanhai Jha Son Of Madan Jha Resident Of Mujauna, Ward No. 16, Police Station- Tajpur (Waini O.P.), District - Samastipur. ... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Dhar Jha For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Tajpur (Waini O.P.) P.S. Case No. 73 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of total 157.680 liters foreign liquor from the house of the father of the petitioner and vehicle in question was also recovered. Petitioner was not apprehended on spot.

Learned counsel for the petitioner submits that petitioner is not named in the FIR, his name has transpired in

Patna High Court CR. MISC. No.31723 of 2022(2) dt.10-08-2022 2/3 this case as he is indulged in illegal sale and purchase of the liquor as mentioned in impugned order. It has been further submitted that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 08.03.2022 and bears criminal antecedent of six cases of similar nature and petitioner is on bail in all the cases. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. It has been further submitted that seizure list has not been made as per law and petitioner has no concern with seized liquor and seized vehicle in question.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted and taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise - 2, Samastipur in connection with Tajpur (Waini O.P.) P.S. Case No. 73 of 2022,

Patna High Court CR. MISC. No.31723 of 2022(2) dt.10-08-2022 3/3 subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) sanjeev/- U T