Patna High CourtCR. MISC./66277/2023bail granted

Navin Kumar Jha v. The State Of Bihar

2023-10-16Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66277 of 2023 Arising Out of PS. Case No.-1010 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== NAVIN KUMAR JHA son of Parmanand Jha Village- Raja Pakhar W.No-1, Ps- Barari Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Shri P.N. Shahi Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-10-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Khajanchi Hat (Madhubani) P.S. Case No. 1010 of 2022 registered for the offence under Sections 272, 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

4. As per the prosecution case, 1818.505 liters of foreign liquor was recovered from the house and vehicle of the petitioner.

Patna High Court CR. MISC. No.66277 of 2023(2) dt.16-10-2023 2/3

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics and the petitioner's brother was arrested for the same offence who has already been granted bail by this Court.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 05.09.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail by contending that the petitioner has five antecedents and because of the illegal acts of the petitioner, his entire family is suffering.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, 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 Excise Judge, Court No. 01, Purnea in connection with Khajanchi Hat (Madhubani) P.S. Case No. 1010 of 2022.

10. As a condition of this order, the bail bond of the petitioner shall only be accepted by the Court below if the petitioner brings a receipt of payment of Rs. 30,000/- in favour of Ram Krishna Mission Sevashram, Bela, Muzaffarpur.

Patna High Court CR. MISC. No.66277 of 2023(2) dt.16-10-2023 3/3

11. The petitioner will mark his attendance at Barari Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T