Monu Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47227 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- SAKRI District- Madhubani ====================================================== Monu Jha Son of Late Babu Sahab Jha R/O Village- Bhawanipur, Ward No.11, P.S- Sakri, District-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s. Kumari Pallavi, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Sakri P.S. Case No. 91 of 2025, dated 05.06.2025, lodged under Sections 274, 275 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023"), and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 765 litres of illicit liquor has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the petitioner's possession. He also submits that the apprehended person has
Patna High Court CR. MISC. No.47227 of 2025(2) dt.30-07-2025 2/2 merely disclosed the petitioner's name, alleging his involvement in the present case. He further submits that although three criminal cases are pending against the petitioner, none of them pertains to excise matters.
5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that, in respect of excise matters, the petitioner's antecedent is clean.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge (Excise Court), Madhubani, in connection with Sakri P.S. Case No. 91 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Aman Kumar/- U T