Rakesh Kumar Jha @ Ram Naresh Jha @ Nunu Jha @ Nunu @ Nanu Jha @ Naresh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46260 of 2018 Arising Out of PS.Case No. -40 Year- 2018 Thana -SINGHIYA District- SAMASTIPUR ====================================================== RAKESH KUMAR JHA @ RAM NARESH JHA @ NUNU JHA @ NUNU @ NANU JHA @ NARESH JHA, Son of Gopi Kant Jha, Resident of Village- Bangarhatta, P.S.- Singhiya, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raja Ram Mishra, Adv. For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Singhiya P.S. Case No. 40/2018, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. Allegation against the petitioner is of recovery of 06 l. 540 m.l. of Indian made foreign liquour from the hut located outside the residence of the petitioner.

It has been submitted by the petitioner that he is innocent and nothing has been recovered from his possession. He has no criminal antecedent and has been falsely implicated in the case.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court

Patna High Court Cr.Misc. No.46260 of 2018 (3) dt.10-09-2018 2/2 below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge-VI-cumSpecial Judge Excise Act, Samastipur in connection with Singhiya P.S. Case No. 40/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T