Deepak Narayan Jha @ Deepak Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32223 of 2022 Arising Out of PS. Case No.-963 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== DEEPAK NARAYAN JHA @ DEEPAK JHA S/o Dukhan Jha Resident of Village- Barkurwa, P.S.- Kudhani (Turki O.P.), District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 11-08-2022 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 Kudhani (Turki O.P.) P.S. Case No. 963 of 2021 registered for the offences punishable under Sections 272, 273, 467, 468, 120(B), 34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, there is alleged recovery of 879.84 litre illicit foreign liquor from the pickup van in question and it is alleged that petitioner and others fled away from the place of occurrence.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.32223 of 2022(3) dt.11-08-2022 2/3 petitioner is in custody since 31.01.2022 and bears criminal antecedent of three cases of similar nature in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is not apprehended on the spot. Nothing has been recovered from possession of the petitioner. Petitioner has no concern with the other accused nor has any concern with the seized liquor or vehicle.

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

Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. II, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 963 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or

Patna High Court CR. MISC. No.32223 of 2022(3) dt.11-08-2022 3/3 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) shahzad/- U T