Navin Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47877 of 2023 Arising Out of PS. Case No.-547 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Navin Kumar Jha Son Of Late Shyam Narayan Jha @ Satya Narayan Jha R/O-Pandra Basti, P.S.-SUKHDEV Nagar, Distt.-RANCHI (JHARKHAND) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar Dubey For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Barachatti. P.S. Case no. 547 of 2023 instituted for the offence u/s 420, 484 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. As per prosecution case, the petitioner who is alleged to be driver was apprehended on the spot and upon search total 218.665 liters foreign liquor was recovered from a Scorpio bearing Reg. No. JH01AZ-8339.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in

Patna High Court CR. MISC. No.47877 of 2023(2) dt.04-08-2023 2/3 this present case. He has got no criminal antecedent. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. The seizure list has not been prepared as per provision of Section 100 of the Cr.P.C and no any incriminating article has been recovered from his possession. The petitioner is languishing in judicial custody since 11.06.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barachatti P.S. Case No. 547 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Court No-II, Gaya.

Patna High Court CR. MISC. No.47877 of 2023(2) dt.04-08-2023 3/3 The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Manishkumar/- U T