Anil Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25463 of 2018 Arising Out of PS. Case No.-21 Year-2017 Thana- BHAIRABASHTHAN DistrictMadhubani ====================================================== Anil Kumar Jha S/o Harish Chandra Jha @ Harichandra Jha, R/o Vill.- Mehatha, P.S.- Bhairab Asthan, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bhairab Asthan P.S. Case no. 21 of 2017 registered under Sections 290, 272, 273 of IPC and Sections 30(a), 38(i)(ii) of Bihar Prohibition & Excise Act-2016.

2700 lts. of country made liquor and foreign liquor is said to have been recovered from godown of PACS and three accused persons were apprehended, who disclosed the name of the petitioner and other accused persons as their accomplices in the occurrence of liquor trade.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.25463 of 2018(2) dt.02-05-2018 2/2 physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or with any trade of liquor. He has been falsely implicated in the case by the apprehended accused persons. He was not apprehended on the spot. President of PACS namely, Anil Kumar Jha has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 20-07-2017 passed in Cr. Misc. no. 29072 of 2017 and other accused persons have also been enlarged on bail by different co-ordinate Bench of this Court. He has no criminal antecedent. He has been languishing in custody since 03.04.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge-II-cum-Special Judge, Excise, Madhubani in connection with Bhairab Asthan P.S. Case no. 21 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T