Jamdar Bin @ Jamadar Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29368 of 2018 Arising Out of PS.Case No. -154 Year- 2017 Thana -MAHARAJGANJ District- SIWAN ======================================================
1. Jamdar Bin @ Jamadar Bind, son of Late Kailash Bind @ Kailash Prasad, Resident of Village- Akil Tola, P.S. Maharajganj, District Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Aslam Ansari For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-05-2018 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Maharajganj PS case no. 154 of 2017 instituted for the offences punishable under Sections 308, 414 and other sections of Indian Penal Code and Section 30(1), 41(1) of Bihar Excise Act. The allegation is regarding recovery of 2046.42 ltrs. of illicit liquor from a truck, pick-up van and two motorcycles and the petitioner is stated to be a co-accused person who had fled away but was, subsequently arrested.
The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and infact, the petitioner is neither the driver nor the owner of the said
Patna High Court Cr.Misc. No.29368 of 2018 (2) dt.21-05-2018 2/2 vehicles from where recovery is made. It is further submitted that the petitioner is languishing in custody since 27.03.2018. Lastly, it is submitted that all the other co-accused persons have been granted bail vide orders dated 16.02.2018 passed in Cr.Misc. no. 650 of 2018 and 23.03.2018 passed in Cr. Misc no. 12505 of 2018. Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II-cum-Special Judge, Excise, Siwan in connection with Maharajganj PS case no. 154 of 2017.
(Mohit Kumar Shah, J) rinkee/- U T