Viveka Nand Jha @ Munna Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35632 of 2019 Arising Out of PS. Case No.-168 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== Viveka Nand Jha @ Munna Jha Son of Late Gawaia Ji @ Balakant Jha Resident of Village- Ekhara P.S- Phulparas District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 272, 273 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 752.297 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 1.4.2019. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 752.297 liters wine is recovered from the pick up van. The pick up van in question does not belong to the petitioner. There is no recovery from the conscious

Patna High Court CR. MISC. No.35632 of 2019(3) dt.18-06-2019 2/2 possession of the petitioner. There is no compliance of Section 100 Cr.P.C. Other co-accused has been granted bail vide Cr.Misc.No.62835 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Phulparas P.S. case No.168 of 2018.

(Sudhir Singh, J) Narendra/- U T