Sambhu Jha @ Shambhunath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4794 of 2024 Arising Out of PS. Case No.-235 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== 1.

Sambhu Jha @ Shambhunath Jha Son Of Late Radhe Shyam Jha Resident Of Barauni 02 Ward No 8 Post- Barauni Dyodhi Ps -Teghra District -Begusarai 2.

Chotu Kumar Son Of Sambhu Jha @ Shambhunath Jha Resident Of Barauni 02 Ward No 8 Post- Barauni Dyodhi Ps -Teghra District -Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in Teghra P.S. Case No. 235 of 2023 registered for the offences punishable under Section 120(B) of the Indian Penal Code and 30(a)/ 32(i)(ii), 36, 41(i)(ii) of Bihar Prohibition and Excise Amendment Act, 2018..

3. As per the prosecution case, it is alleged that total 187.920 litres of foreign liquor has been recovered from the house of the petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.4794 of 2024(3) dt.21-03-2024 2/2 this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that petitioners were neither arrested from the spot nor any thing was recovered from the conscious possession of the petitioners. The petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the said illicit liquor was said to have been recovered from the house of the petitioners.

6. Considering the facts and circumstances of case and the fact that the said illicit liquor was recovered from the house of the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. The prayer for anticipatory bail of the petitioners is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T