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Patna High CourtCR. MISC./45572/2021bail rejected

Ajeet Jha @ Hemant Kumar Jha v. The State Of Bihar

2022-01-31Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45572 of 2021 Arising Out of PS. Case No.-139 Year-2021 Thana- MANIGACHI District- Darbhanga ====================================================== AJEET JHA @ HEMANT KUMAR JHA SON OF LATE HARISCHANDRA JHA R/O VILLAGE- SHIVNAGAR GHAT, P.S.- GHANSHAYAMPUR, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Aprajita, Adv.

For the Opposite Party/s :

Mr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016 and sections 272, 273 and 34 of the Indian Penal Code.

As per the prosecution case, 1278 litres of liquor is said to have been recovered from the truck in question. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only due to village politics. He has no concern with the seized liquor. He is in custody since 14.6.2021 and chargesheet has been submitted in the case. The cause of false implication is his

Patna High Court CR. MISC. No.45572 of 2021(2) dt.31-01-2022 2/2 antecedent.

The application for bail is opposed by learned A.P.P. for the State who submits that from perusal of the order of the learned trial Court it would transpire that the Investigating Officer submitted the call details report of the mobile number of the petitioner. As per the call details reports several calls were made from the mobile number of the petitioner to the driver of the vehicle and they were in regular contact. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation which finds mention in the order of the learned trial Court rejecting the application for bail of the petitioner together with recovery of 1278 litres of liquor from the vehicle in question, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody.

(Partha Sarthy, J) Bibhash U