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Patna High CourtCR. MISC./33589/2025bail granted

Arun Kumar Jha @ Fullbabu Jha v. The State Of Bihar

2025-05-27Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33589 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- BOKHRA District- Sitamarhi ====================================================== Arun Kumar Jha @ Fullbabu Jha S/o Late Dinesh Jha R/o Village- Dhadhi, Ward No. 08, P.S.- Bokhra, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Bokhra P.S. Case No. 05 of 2025 registered for the offences under Section 30(a) of Bihar Prohibition & Excise (Amendment) Act, 2022.

3. As per the F.I.R., the police on a tip off conducted a raid in the house of Arun Kumar Jha @ Full Babu Jha (petitioner) and found a Mahindra Pick-up vehicle parked there. On search, total 1000.86 litres of foreign liquor was recovered from the said pick-up van which was parked in the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and the said

2/4 vehicle does not belong to the petitioner. It has further been submitted that the vehicle was parked outside the house of the petitioner and the police has falsely stated that the vehicle has been found parked within the premises of the house of the petitioner. It has further been submitted that the petitioner carries clean antecedent and he is in custody since 03.04.2025 and the other two co-accused persons, namely, Santosh Ray and Rajeev Ranjan @ Rajiv Ranjan Jha have been granted anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 20.05.2025 passed in Cr. Misc. No. 33234 of 2025 and Cr. Misc. No. 33975 of 2025 respectively. Learned counsel for the petitioner undertakes to deposit a sum of Rs. 10,000/- before the Patna High Court Legal Services Committee.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and has stated that a pick-up van was seized with 1000.86 litres of foreign liquor from the premises of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account that the petitioner is not the owner of the pick-up van and has falsely been implicated and also taking into account the fact that the petitioner carries clean

3/4 antecedent, let the petitioner above-named be enlarged on bail on deposition of a sum of Rs. 10,000/- to the Patna High Court Legal Services Committee, Patna and an acknowledgment receipt be submitted before the learned Court below prior to the furnishing of bail bond and thereafter on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge, Exclusive Excise Court No. 2, Sitamarhi in connection with Bokhra P.S. Case No. 05 of 2025 subject to the conditions :- (i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) The petitioner shall not approach the informant or any of the family members or the victim girl to either coerce or threaten during the pendency of the trial.

(iv) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.

4/4 (v) The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) Neha/- U T