Aman Kumar Jha @ Raja Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77120 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- KHAJAULI District- Madhubani ====================================================== Aman Kumar Jha @ Raja Jha, Male, Aged about 19 years, Son of Late Shivnath Jha Resident of Village-Sukki, P.S-Khajauli, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushant Praveer For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Khajauli P.S. Case No. 187 of 2019 registered for offences under sections 272, 273 read with Section 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 as amended by Act, 2018. As per allegation, the police has recovered 32 liters and 100 ml of Nepali country made liquor from the motorcycle. The present petitioner was arrested while the other co-accused succeeded in fleeing away from the place of occurrence. The petitioner is in custody since 21.10.2019. Looking to the quantity of liquor recovered, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.77120 of 2019(2) dt.27-11-2019 2/2 like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Excise Act, Madhubani in connection with Khajauli P.S. Case No. 187 of 2019 (G.R. No. 2012 of 2019) subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Khajauli police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been canceled.

(Shivaji Pandey, J) rishi/- U T