Vivekanand Jha @ Munna Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58467 of 2018 Arising Out of PS. Case No.-108 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== Vivekanand Jha @ Munna Jha S/o Late Balakant Jha @ Gavaiya Ji, R/o Ekahara, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2018 Heard both sides.

The petitioner seeks bail in Phulparas P.S. Case No.108 of 2018, registered under Section 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

The gist of the allegation is that the petitioner and seven other persons were found standing in an orchard but after seeing the police, the petitioner and others fled away. 774 liters of Indian made foreign liquor of different brands were recovered.

The learned counsel for the petitioner submits that the petitioner was not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. Petitioner is in jail since 06.07.2018. The petitioner has already

Patna High Court Cr.Misc. No.58467 of 2018(2) dt.20-09-2018 2/2 remained in jail for 21⁄2 months.

Considering the facts aforesaid, petitioner, above named, 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 the learned Additional Sessions Judge-II, Madhubani-cum-Special Judge, Excise Act, Madhubani in connection with Phulparas P.S. Case No.108 of 2018.

(Prabhat Kumar Jha, J) S.KUMAR/- U T