Sudhir Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54137 of 2021 Arising Out of PS. Case No.-102 Year-2017 Thana- TEGHRHA District- Begusarai ====================================================== SUDHIR KUMAR JHA S/o LATE BALKANT JHA R/o VILLAGE-BIHAT TOLA MAKASHPUR, P.S-BARAUNI (F.C.I. OP), DISTRICTBEGUSARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2022 Heard Mr. Sabal Kumar Jha, learned counsel the petitioner and learned A.P.P. for the State through video conferencing.

Petitioner seeks regular bail in connection with Teghra PS Case No. 102 / 2017 registered under Section 414 of the I.P.C. and Section 30 / 30(a) of the Bihar Prohibition and Excise Act, 2016.

Police on the basis of secret information that huge consignment of liquor has been brought, proceeded towards the place of occurrence and found that illicit liquor was being unloaded from a truck on different vehicles standing nearby and from the Scorpio vehicle bearing Registration No. BR-09R-

Patna High Court CR. MISC. No.54137 of 2021(2) dt.13-05-2022 2/3 7109 total 221.4 liters of foreign liquor was recovered and two persons were arrested sitting inside the vehicle. A total quantity of 2964.6 liters of illicit foreign liquor has been recovered from different vehicles.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot sitting in the vehicle and he has been made accused on the basis of the fact that he happens to be the registered owner of the Scorpio vehicle in question. He next submits that petitioner was not aware about the fact that co-accused / Vikash Kumar and Gaurav Kumar, who are driver and co-driver had kept the illicit liquor therein. The petitioner has got no criminal antecedent, he is in custody since 28.07.2021 and charge sheet has already been submitted. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 28/07/2021 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.54137 of 2021(2) dt.13-05-2022 3/3 satisfaction of learned Addl. Sessions Judge 2nd cum Special Judge Excise Act, Begusarai in connection with Teghra PS Case No. 102 / 2017.

(Anil Kumar Sinha, J) praful/- U T