Shiv Chandra Jha @ Pappu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25512 of 2018 Arising Out of PS. Case No.-74 Year-2018 Thana- ROSERA District- Samastipur ====================================================== Shiv Chandra Jha @ Pappu Jha, Son of Late Bhagyanarayan Jha, Resident of Village- Nandenagar Balha, P.S.- Rosera, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raja Ram Mishra For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rosera P.S. Case no. 74 of 2018 registered under Sections 30(a), 38(i) and 47 of Bihar Prohibition & Excise Act-2016. 177.7 lts. of foreign liquor is said to have been recovered from tempo and petitioner and two other accused persons including the driver, namely, Manjesh Kumar were apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be commuter of the said tempo

Patna High Court Cr.Misc. No.25512 of 2018(2) dt.02-05-2018 2/2 and had no knowledge of keeping of the aforesaid liquor in the tempo. He has been falsely implicated in the case at the instance of his enemy. He has no criminal antecedent. He has been languishing in custody since 08.03.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge-cum-Special Judge, Excise, Samastipur in connection with Rosera P.S. Case no. 74 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T