Rajesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11659 of 2017 Arising Out of PS.Case No. -269 Year- 2016 Thana -HASANPUR District- SAMASTIPUR ======================================================
1. Tuntun Das Son of Sri Rameshwar Das, Resident of Village-Korbadha, Pataili, Police Station-Ujiarpur, District-Samastipur .... .... Petitioner/s
Versus
1. The State of Bihar ... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.16126 of 2017 Arising Out of PS.Case No. -269 Year- 2016 Thana -HASANPUR District- SAMASTIPUR ======================================================
1. Rajesh Sah son of Raman Sah resident of village Barathi Gola, P.S. Akorhi Gola, District Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.11659 of 2017) For the Petitioner/s : Mrs. Namrata Mishra For the Opposite Party/s : Mr. Yogendra Kr. Singh (APP) (In Cr.Misc. No.16126 of 2017) For the Petitioner/s : Mr. Ajay Kumar Thakur For the Opposite Party/s : Mrs. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-06-2017 Heard both sides.
The petitioners, Tuntun Das and Rajesh Das, who are cleaner and driver of the truck, seek bail in Hasanpur P.S. case No. 269 of 2016 under Section 30 (a)/ 47 of Bihar Excise Act, 2016. The informant alleged that he got information that Jitendra Kumar Jha @ Chunchun Jha and Ashutosh Jha @ Pappu are indulged in illegal trade of country made liquor as well as
Patna High Court Cr.Misc. No.11659 of 2017 (6) dt.19-06-2017 2/2 foreign liquor and are distributing the same in the district of Samastipur. On their disclosure a truck was recovered and huge quantity of Indian made foreign liquor were recovered and seized. The learned counsel for the petitioners submits that petitioners are cleaner and driver of the truck. All other accused persons have already been enlarged on bail. The petitioners are in jail since 24.12.2016. They were driving the truck at the instance of their owner and they have no knowledge about the articles kept in the truck.
Considering the facts aforesaid and the nature of allegation made against the petitioners and the fact that petitioners have remained in jail for abut six months and all other accused persons have already been granted bail, the above named petitioners are 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 Additional Chief Judicial Magistrate, Rosera, Samastipur in Hasanpur P.S. Case No. 269 of 2016.
(Prabhat Kumar Jha, J) BKS/- U T