Jang Bahadur Bin @ Jang Bahar Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49112 of 2018 Arising Out of PS.Case No. -170 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN ====================================================== Jang Bahadur Bin @ Jang Bahar Bin, S/o Rameshwar Bin, Resident of Village- Kausar Bin Tola, P.S.- Raghunathpur, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

23 litres of foreign liquor is said to have been recovered from the field of Krishna Bin and the petitioner and two other accused persons sitting there managed to escape. Villagers identified the petitioner in the occurrence.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern

Patna High Court Cr.Misc. No.49112 of 2018 (2) dt.10-08-2018 2/2 either with the seized liquor or place of recovery. Place of recovery is open place and is easily accessible to anyone. He was not apprehended on the spot. Identity and genuineness of the source of information has not been mentioned in the written report. He has no criminal antecedent. He has been languishing in custody since 27.05.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Siwan in connection with Raghunathpur P.S. Case No. 170 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T