Roushan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.10030 of 2017 (2) dt.07-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10030 of 2017 Arising Out of PS.Case No. -341 Year- 2016 Thana -GAYA RAIL P.S. District- GAYA ====================================================== Roushan Kumar Son of Bablu Sao, Resident of Mohalla- Mirchaiya Gali, Sheela Bhawan, P.S.- Kotwali, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-03-2017 Heard both sides.

The petitioner seeks bail in Gaya Rail P.S. Case No. 341/2016, registered for the offences punishable under Section 30(a) of the Bihar Excise Act, 2016 and Section 147 of Railway Act.

24 bottles of Black Rock each containing 750 ml., 10 bottles of Polo Gold and 02 bottles of Officers Choice each containing 750 ml. of wine were recovered from the possession of the petitioner Roushan Kumar.

It is submitted that the petitioner is in jail since 11.12.2016 for recovery of total 27 litres of wine from his possession.

Considering the facts aforesaid and the fact that

Patna High Court Cr.Misc. No.10030 of 2017 (2) dt.07-03-2017 petitioner has already remained in jail for about three months for recovery of about 27 litres of Indian made foreign liquor, 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, Railway, Gaya in connection with Gaya Rail P.S. Case No. 341/2016.

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