Mousham v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48010 of 2017 Arising Out of PS.Case No. -435 Year- 2016 Thana -SONEPUR District- SARAN ====================================================== Mousham Son of Gaggur, R/o Mohalla- Bichhor, P.S.- Indrana, DistrictNohu (Hariyana). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-10-2017 Heard both sides.

Petitioner seeks bail in Sonepur P.S. Case No.435 of 2016 under Sections 272, 273, 420, 120(B) of the Indian Penal Code and 30 (a), 38, 41 of Bihar Prohibition and Excise act, 2016. The petitioner is a cleaner of the truck bearing Registration No.RJ-02-GB/1087. While the petitioner and the driver of the truck were carrying huge quantity of Indian made foreign liquor and the driver of the truck and the petitioner were apprehended, the prayer for bail of the petitioner was rejected along with the driver of the truck on 18.5.2017 passed in Cr. Misc. No.14940 of 2017.

Learned counsel for the petitioner submits that other accused persons including owner of the truck have already been

Patna High Court Cr.Misc. No.48010 of 2017 (2) dt.18-10-2017 2/2 enlarged on bail vide order passed in Cr. Misc. No.6736 of 2017, Cr. Misc. No.9336 of 2017 and Cr. Misc. No.32272 of 2017. Considering the aforesaid fact that the petitioner, being the cleaner of the truck, is in jail since 24.11.2016, petitioner above named is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 6th Additional Sessions Judge, Saran at Chapra in connection with Sonepur P.S. Case No.435 of 2016.

(Prabhat Kumar Jha, J) N.H./- U T