Bhavnath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62229 of 2019 Arising Out of PS. Case No.-301 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== BHAVNATH JHA (Male), aged about 42 years, Son of Narsingh Jha, Resident of Village - Brahmpur, P.S.- Phulparas, Distt - Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gagan Deo Yadav, Advocate.

For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 272, 273/34 of the IPC, 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 21 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 31.07.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 21

Patna High Court CR. MISC. No.62229 of 2019(2) dt.14-10-2019 2/2 liters wine is recovered from the joint house of the petitioner where other family also resides. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IIcum-Special Judge, (Excise), Madhubani, in connection with Phulparas P.S. Case No. 301 of 2019, G.R. No. 1372 of 2019. (Sudhir Singh, J) U.K./- U T