Patna High CourtCR. MISC./75270/2023bail granted

Manish Kumar Jha @ Manish Jha v. The State Of Bihar

2023-11-29Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75270 of 2023 Arising Out of PS. Case No.-133 Year-2023 Thana- ARER District- Madhubani ====================================================== MANISH KUMAR JHA @ MANISH JHA, aged about 23 years, Male, SON OF LAL MOHAN JHA, RESIDENT OF VILLAGE - ARER DIH TOLA, P.S. - ARER, DISTRICT - MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2023 Heard Mr. Subhash Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Dashrath Mehta learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Arer P.S. Case No. 133 of 2023 dated 31.08.2023 registered for the offence(s) punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 219.96 litres of foreign liquor has been recovered from the house of one Atal Jha. Petitioner is named in the FIR.

4. Learned counsel appearing on behalf of the petitioner submitted that different brands of Indian made foreign liquor were recovered from the house of Atal Jha, who has not been deliberately named in the FIR to save him. Connivance of police officer, who constituted the raiding team cannot be

Patna High Court CR. MISC. No.75270 of 2023(2) dt.29-11-2023 2/3 denied in sale and trade of illicit liquor in the State of Bihar and to cover up their offence, the petitioner has been made accused in the present case. Petitioner has made a specific statement in paragraph no.7 of the bail application which is reproduced hereinafter:

"7. That it is pertinent to mention here in that after bare perusal of F.I.R., it would be evident that police recovered 219.96 litres of Foreign Liquor from the Asbestos House of the Atal Jha and petitioner is neither concern with said Atal Jha nor the alleged liquor belongs to the petitioner."

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the fact that the recovery of the 219.96 litres of illicit foreign liquor was made from the house of Atal Jha and petitioner is not involved in the alleged sale and trade of illicit liquor, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd -cum-

Patna High Court CR. MISC. No.75270 of 2023(2) dt.29-11-2023 3/3 Special Judge, Excise Act, Madhubani in connection with Arer P.S. Case No. 133 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. This Court has found that such a large scale of illicit trade of liquor is not possible in the State of Bihar without there being any connivance of the State authorities and the police officials.

9. The District Court is directed to call the Superintendent of Police concerned by fixing a date, so that he can take appropriate action against the raiding team who has deliberately not mentioned the name of the owner of the house and as such their complicity in the offence cannot be denied.

10. The District Court is directed to first verify from the case diary as to whether the name of owner of the house Atal Jha has surfaced in course of investigation. In case, his name does not surface, there is no requirement of summoning the Superintendent of Police.

11. With the aforesaid observation/direction, the application stands disposed of.

(Purnendu Singh, J) Sanjay/- U T