Mannu Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78499 of 2019 Arising Out of PS. Case No.-211 Year-2019 Thana- BHARGAMA District- Araria ====================================================== MANNU JHA S/o Krityanand Jha R/o village- Simarbani, P.S.- Bhargama, District- Araria ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Mandal, Advocate For the Opposite Party/s :
Mr.Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in this case is seeking regular bail in connection with Bhargama P.S. Case No. 211 of 2019 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act. Learned counsel for the petitioner submits that the nothing has been recovered from the house of this petitioner and the petitioner has no criminal antecedent of similar nature rather he has been remanded in this case from Araria R.S. P.S. Case No. 717 of 2019 and is in custody in this case since 28.08.2019. It is further submitted that co-accused Sintu Mandal and Suman Kumar Jha have been allowed regular bail by learned co-ordinate Benches of this Court in Cr. Misc. No. 72638 of 2019 and Cr. Misc. No. 84738 of 2019.
Learned APP for the State has opposed the prayer of
Patna High Court CR. MISC. No.78499 of 2019(3) dt.16-01-2020 2/3 regular bail of the petitioner.
Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the alleged recovery of illicit liquor is not from the house of this petitioner and further submission that the petitioner has no criminal antecedent of similar nature, the petitioner has been taken on remand in this case from Araria R.S.P.S. Case No. 717 of 2019 and further submission that the petitioner is in custody in this case since 28.08.2019 and the co-accused Sintu Mandal and Suman Kumar Jha have been allowed regular bail by learned co-ordinate Benches of this Court in Cr. Misc. No. 72638 of 2019 and Cr. Misc. No. 84738 of 2019, let the petitioner above named be released on bail in Special Case No. 1124 of 2019 arising out of Bhargama P.S. Case No. 211 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make
Patna High Court CR. MISC. No.78499 of 2019(3) dt.16-01-2020 3/3 any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) avin/- U T