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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56244 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- PANJWARA District- Banka ====================================================== Rahul Kumar Jha @ Rahul Jha, S/o Manoj Jha, R/o village- Koushalpur Kol Bujurg, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-04-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Kumar Ranjit Ranjan, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Panjwara P.S. Case No.27 of 2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He is in custody since 20.03.2021. The petitioner has got one criminal antecedent in which he is said to be on bail.

Learned counsel for the petitioner submits that, as per the prosecution story, 14.250 liters of illicit liquor was recovered from a bag which was being allegedly carried by this petitioner.

Patna High Court CR. MISC. No.56244 of 2021(2) dt.06-04-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. Learned counsel submits that nothing has been recovered from the possession of the petitioner. It is submitted that the petitioner is in custody in connection with this case since 20.03.2021.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the submission that allegedly 14.250 liters of illicit liquor has been recovered from a bag which was being allegedly carried by the petitioner, the seizure list witnesses are the police personnel, the petitioner has one criminal antecedent and has remained in custody in connection with this case since 20.03.2021, investigation against him is complete and his presence may be secured in course of trial, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Special Excise Case No.214/2021, arising out of Panjwara P.S. Case No.27 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.56244 of 2021(2) dt.06-04-2022 3/3 And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.