Shankar Goswami @ Shankar Gosmami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22728 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -JHAJHA District- JAMUI ====================================================== Shankar Goswami @ Shankar Gosmami, Son of Sri Dayanand Goswami, resident of Village- Dhamna, Tola, Pandey Thika, P.S.- Jhajha, DistrictJamui. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bharat Lal, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 12.03.2017 in connection with Jhajha P.S. Case No. 61 of 2017 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 30(b) of the Bihar Excise Act.

The prosecution case, as lodged by the police personnel, is that on information that huge quantity of mahua wine is being prepared, police went to the place of occurrence and apprehended three persons, including the petitioner and found in a plastic jerkin 100 litres of mahua wine. Accordingly, seizure-list was prepared.

Patna High Court Cr.Misc. No.22728 of 2017 (2) dt.22-06-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal history and has been falsely implicated only on the basis of suspicion. He further submits that nothing has been recovered from his conscious possession and the petitioner has been falsely implicated on account of village politics as the manufacturing of mahua liquor was on an open field where general public had access. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 61 of 2017. (Nilu Agrawal, J.) Arjun/- U T