Dileep Jha @ Dada Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49607 of 2022 Arising Out of PS. Case No.-133 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== DILEEP JHA @ DADA THAKUR SON OF KAMAL NATH JHA R/ODAHORA, P.S.- MANIGACHI, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner at the outset seeks permission to make rectification in the cause title of the petitioner.

Permission is accorded.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(i)(ii)(iii) and 41 of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 2651.625 l litres liquor from a truck and a pickup van.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.49607 of 2022(2) dt.20-09-2022 2/2 petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the petitioner is neither the owner nor the driver of the alleged vehicle and pick up van and his name transpired in the confessional statement of accused Arvind Mishra which has no evidentiary value.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Manigachi P.S. Case No. 133 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T