Chandan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42874 of 2024 Arising Out of PS. Case No.-59 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Chandan Kumar Jha S/o Krishna Chandra Jha, R/o Village-Karmauli, P.S.- Khajauli, Distt-Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Keoti P.S. Case No.59 of 2023 instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, there is recovery of 252 litre Nepali country made liquor from Maruti Suzuki Car bearing Registration No. BR 1AH 9465.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that earlier petitioner was the owner of the vehicle, however, he has already sold the vehicle in question to one Krishan Kant Thakur, and in this regard a copy of affidavit has been filed with the application which shows that on

Patna High Court CR. MISC. No.42874 of 2024(2) dt.10-07-2024 2/2 the relevant date, petitioner was not the owner of the vehicle. Learned counsel submits that the petitioner has no concern with the seized vehicle nor has any concern with the recovered liquor. He further submits that petitioner has one criminal antecedent, in which he is on bail and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge Excise-1st, Darbhanga in connection with Keoti P.S. Case No.59 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T