Patna High CourtCR. MISC./50702/2018bail granted

Shatrughan Das v. The State Of Bihar

2018-08-18Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50702 of 2018 Arising Out of PS.Case No. -210 Year- 2017 Thana -BELA District- SITAMARHI ====================================================== Shatrughan Das, S/o. Manchit Das, R/o. Village- Dostiya W. No. 11, P.S.- Sonbarsa, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

96 litres of Nepali saufi wine is said to have been recovered from the damaged Sumo Gold Vehicle and accused persons sitting in the said vehicle managed to escape. 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 either with the seized liquor or with the vehicle in question.

Patna High Court Cr.Misc. No.50702 of 2018 (2) dt.18-08-2018 2/2 During the course of investigation one accused, namely, Raja Kumar divulged the name of the petitioner as the hirer of the said vehicle due to animosity. Barring the aforesaid disclosure of the apprehended accused there is nothing on record to indicate the complicity of the petitioner in the occurrence. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 11.07.2018. Said co-accused, namely, Raja Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 19.12.2017 passed in Cr. Misc. No. 58568.

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 A.D.J.-II cum Special Judge, Excise Act, Sitamarhi in connection with Bela P.S. Case No. 210 of 2017.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T