Manas Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66124 of 2021 Arising Out of PS. Case No.-456 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== MANAS KUMAR JHA SON OF CHANDRASHEKHAR JHA Resident of Village - Koriyahi, P.S.- Sursand, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-05-2022 Heard learned counsel for the parties.
The petitioner is in judicial custody in connection with Sursand (Bhita O.P.) P.S. Case No. 456 of 2021 registered under Section 414 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2018. As per the prosecution story, on information that the wine smugglers were to cross village Bhitha, the police party reached at the place of occurrence and found two motorcycles coming from the opposite direction, When they tried to intercept, the riders wanted to flee. However, some accused persons were apprehended, the petitioner was one of them. They were carrying Jute Bag which was searched and 240 bottles of Nepali Liquor of 300 ml each totaling 72 liters were found. Accordingly, same were seized and petitioner amongst other
Patna High Court CR. MISC. No.66124 of 2021(2) dt.11-05-2022 2/3 was arrested.
Learned counsel for the petitioner submits that he is a victim of circumstances, has no criminal antecedent and is in jail since 27.02.2021 (as stated in paragraph-10 of the bail application).
Considering the aforesaid facts and that the charge sheet has been submitted, he has no criminal antecedent and is in jail since 27.09.2021; this Court is inclined to grant him the privilege of bail. However, if it is found that he does have any criminal antecedent contrary to what has been stated in para-3 of the bail application, the bail orders shall become infrucutous. Let the petitioner be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge -2nd cum Special Judge (Excise), Sitamarhi in connection with Sursand (Bhita O.P.) P.S. Case No. 456 of 2021, subject to the following conditions :- (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.66124 of 2021(2) dt.11-05-2022 3/3 dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observation, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T