Baban Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34486 of 2017 Arising Out of PS.Case No. -391 Year- 2017 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Baban Jha Son of Sachidanand Jha, R/o Village- Shantinagar, Chunapur Road, P.S.- K. Hat (Madhubani), District- Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Kumar For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 The petitioner seeks regular bail in connection with K. Hat (Madhubani) P.S. Case No. 391 of 2017, registered for offences punishable under Section 30(A) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 12.240 litres of foreign liquor.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, the recovery is only twelve and odd litres of foreing liquor, for which petitioner has sufficiently been punished as he has been in judicial custody since 07.06.2017 and has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, quantity of liquor recovered and also the petitioner has no criminal antecedent and has remained in judicial custody for more than one and half month, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge -cum-Special Judge (Excise Act) in connection with K. Hat (Madhubani) P.S. Case No. 391 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T