Ashok Kumar Jha @ Ashok Jha @ Asok Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2858 of 2017 Arising Out of PS.Case No. -205 Year- 2016 Thana -ROSERA District- SAMASTIPUR ====================================================== Ashok Kumar Jha @ Ashok Jha @ Asok Jha S/o Late Digambar Jha, Resident of Village/Mohalla-Kalwara, Police Station-Rosera, Distt. Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma, Advocate For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Rosera P.S.Case No. 205 of 2016 registered for the offences punishable under Sections 47A of Excise Act and Sections 54 and 57 of the Bihar Excise Amendment Act, 2016.

It has been submitted on behalf of the petitioner that it is alleged that huge quantity of liquor from the pickup van has been recovered but nothing has been recovered from the possession of the petitioner and it is alleged that owner and driver of the van are also made co-accused and at whose instance liquor was being brought for sale and except that there is nothing against the petitioner and he has remained in custody for six months. Heard learned APP also.

Patna High Court Cr.Misc. No.2858 of 2017 (2) dt.09-02-2017 2/2 Having heard both sides and considering the fact that there is no recovery from the possession of the petitioner and he has remained in custody for six months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera, Samastipur, in connection with Rosera P.S.Case No. 205 of 2016, subject to the conditions that one of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further he will co-operate in trial and to appear in the court below on the date fixed and on failure on his part to appear in court on two consecutive dates without showing any valid ground, his bail bond shall be liable to be cancelled.

(Vinod Kumar Sinha, J) spal/- U