Navin Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66129 of 2023 Arising Out of PS. Case No.-678 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Navin Kumar Jha Son Of Parmanand Jha Resident Of Village- Raja Pakhar Ward No. 1, Ps- Barari, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 12.750 liters of foreign wine from the rented house of one Suraj Kumar Jha.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot and also nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner came into light in this case on the basis of

Patna High Court CR. MISC. No.66129 of 2023(2) dt.09-10-2023 2/2 confessional statement of Md. Sakib Alam before the police which has got no evidentiary value in the eye of law. He has no concern with the seized liquor. Moreover, he is languishing in judicial custody since 05.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with K. Hat(Madhubani) P.S. Case No. 678 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Court No.1 Purnea.

(Sunil Kumar Panwar, J) shubham/- U T