Bhagwan Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.49362 of 2016 (2) dt.13-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49362 of 2016 Arising Out of PS.Case No. -126 Year- 2016 Thana -BAUSI District- PURNIA ======================================================

1. Bhagwan Jha Son of Lakhneshwar Jha, R/o Village- Housing Board Colony, House No MIG-2, P.S. K. Hat, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Baisi P.S. Case No. 126 of 2016 registered under Sections- 273 of the Indian Penal Code and section 47(A) of Bihar Excise Amendment Act, 2016.

The allegation against the petitioner is of possessing illegal wine.

Learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner. It is further submitted that petitioner was only a passenger of the tempo from which liquor has been recovered. It is further submitted that co-accused, Baban Jha has been

Patna High Court Cr.Misc. No.49362 of 2016 (2) dt.13-12-2016 granted bail by this Hon'ble Court vide Cr. Misc. No. 45118 of 2016. It is also submitted that petitioner is languishing in custody since 15.08.2016.

Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 126 of 2016.

(Arvind Srivastava, J) Manish/- U T