Patna High Court/40820/2020bail granted

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

2021-02-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40820 of 2020 Arising Out of PS. Case No.-215 Year-2020 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Santosh Jha @ Santosh Kumar Jha aged about 22 years S/O Gangadhar Jha R/O Village- Sikandarpur, Rani Sati Mandir Ke Pichhe, P.S.- Town, DistrictMuzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Yugal Kishore, Advocate For the Opposite Party :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 272/273 of the Indian Penal Code and sections 30a/36/52/53 of the Bihar Prohibition and Excise Act.

As per the prosecution case, 28.305 liters of wine has been recovered from a jute bag and petitioner was apprehended on the spot.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Charge sheet has already

Patna High Court CR. MISC. No.40820 of 2020(2) dt.26-02-2021 2/2 been submitted. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 10.9.2020.

Considering the facts of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur in Brahampura pns 215 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T