Shankar Jha @ Hira Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63949 of 2023 Arising Out of PS. Case No.-182 Year-2021 Thana- KAMTAUL District- Darbhanga ====================================================== Shankar Jha @ Hira Jha S/O Late Satyanarayan Jha R/O Village- Channpura, P.S- Arer, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha Adv.

For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Kamtaul PS Case No. 182 of 2021, dated 1208-2021 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation, 216 liters illicit liquor has been recovered from a Tata Magic vehicle which was found to be registered in the petitioner's name.

4. Learned counsel for the petitioner submits that the vehicle was sold by the petitioner in the year 2016 itself and therefore, he has no knowledge about recovery of any alleged illicit liquor from the vehicle in-question. He is having no criminal antecedents. No case is made out under the provisions

Patna High Court CR. MISC. No.63949 of 2023(2) dt.18-10-2023 2/3 of the Bihar Prohibition and Excise Act.

5. The learned APP for the State has opposed the prayer for anticipatory bail, referring to the provisions contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that pre- arrest bail would not be maintainable.

6. This Court is conscious of decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) PLJR 1089. Having regard to the law laid down in the said judgment and the submissions advanced on behalf of the petitioner, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submissions of counsel for the petitioner. Prayer for anticipatory bail is allowed.

7. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-1 (Excise Act), Darbhanga, in connection with Kamtaul PS Case No. 182 of 2021, dated 12-08-2021, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following

Patna High Court CR. MISC. No.63949 of 2023(2) dt.18-10-2023 3/3 conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T