Baiju Jha @ Baiju Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40314 of 2020 Arising Out of PS. Case No.-266 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== BAIJU JHA @ BAIJU KUMAR JHA S/o Sudhir Jha R/o Village- Khangura, Dih, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Katra Police Station Case No. 266 of 2019, registered for the offence punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a)/38(i) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the informant, after receiving secret information that some persons have stocked illicit liquor in village Khanguradih Parato Tola, proceeded towards the place of occurrence and upon seeing the police party, the accused persons fled away and the police recovered 172.88 litres of illicit liquor from the field of one Lal Babu Jha.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40314 of 2020(2) dt.02-03-2021 2/2 petitioner has got no criminal antecedent and he has falsely been implicated in this case on the basis of the disclosure of his name by village chowkidar. He next submits that the illicit liquor has not been recovered from the conscious possession of the petitioner or the premises belonging to him. He next submits that the petitioner is in custody since 27.08.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 27.08.2020, having no criminal antecedent and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with Katra Police Station Case No. 266 of 2019. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √