Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7276 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -JHAJHA RAIL P.S. District- LAKHISARAI ====================================================== Roushan Kumar, Son of Sri Ramanand Yadav, Resident of Village-Kiul Brindawan, Police Station + District-Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan, Advocate. For the Opposite Party/s : Mr. Dilip Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Jhajha/GRP P.S. case No. 17 of 2017 instituted for the offence under Sections 30(A), 38(1) and 41(1) of Bihar Excise (Amendment) Act, 2016. It has been submitted that the alleged liquor has not been recovered from the conscious possession of the petitioner. It is mentioned in the seizure list that the liquor has been recovered from S3 bogey of 11105 of Kolkatta Jhansi Express. As per the written report the petitioner was allegedly carrying the sack with other accused persons from which the country made liquor has been recovered. It is mentioned in paragraph-3 of the case diary that the petitioner has clean antecedent.

Keeping in view the period spent by the petitioner in

Patna High Court Cr.Misc. No.7276 of 2017 (2) dt.23-02-2017 2/2 custody and he has clean antecedent, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Kiul at Lakhisarai, in connection with Jhajha/GRP Police Station Case No. 17 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.

The petitioner will file an affidavit that he will not indulge in such type of activity in future, and if he will find indulging in such type of activity, his bail bond shall be liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T