Shrawan Kumar @ Sharwan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.9917 of 2017 (2) dt.06-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9917 of 2017 Arising Out of PS.Case No. -427 Year- 2016 Thana -AGAMKUAN District- PATNA ====================================================== Shrawan Kumar @ Sharwan Kumar, son of Chandirak @ Chanarik Mahto, R/o Shikarpur, Chapra, P.S.- Sonepur, District- Saran at Chapra at present residing as a tenant in the house of Binod Kumar, R/o Bari Pahari, near Musahari, P.S.- Agamkuan, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shyamal Prakash, Adv. For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-03-2017 Heard both sides.

The petitioner seeks bail in Agamkuan P.S. Case No. 427/2016, registered for the offences punishable under Sections 30(a), 37(b) of the Excise Act, 2016.

The petitioner and another person were apprehended while they were fleeing away after concealing (60 bottles each containing 750ml) 45 litres of Royal Stag in a Gumti situated by the side of Ganga Bridge.

It is submitted that 45 litres of Indian made foreign liquor was recovered from the Gumti. The petitioner was apprehended on mere suspicion. Nothing has been recovered from the possession of the petitioner. The petitioner is in jail since

Patna High Court Cr.Misc. No.9917 of 2017 (2) dt.06-03-2017 08.12.2016.

Considering the facts aforesaid and the fact that petitioner has already remained in jail for more than three months, the petitioner above-named, 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 Additional Chief Judicial Magistrate, Patna City, Patna in connection with Agamkuan P.S. Case No. 427/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T