Patna High CourtCR. MISC./61862/2017bail granted

Jaggu Mushar @ Jagu Mushar v. The State Of Bihar

2017-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61862 of 2017 Arising Out of PS.Case No. -1516 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Jaggu Mushar @ Jagu Mushar S/o Sakal Deep Mushar , R/o Vill.- Darigao, P.S.- Sasaram (Darigao), Distt.- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Pandey, Advocate For the State : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sasaram Nagar (Darigao) P.S. Case No. 1516 of 2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 50 liters of liquor from three persons who were riding a motorcycle and were apprehended by the Police. During the course of interrogation the said three persons are stated to have named the petitioner herein as an accused.

The learned counsel for the petitioner submits that neither

Patna High Court Cr.Misc. No.61862 of 2017 (2) dt.21-12-2017 2/2 any recovery has been made from the conscious possession of the petitioner nor he was apprehended from the spot and he has been in fact falsely implicated in the present case. The learned counsel further submits that the petitioner has a clean antecedent and he is in custody since 03.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge Excise, Rohtas in connection with Sasaram Nagar (Darigao) P.S. Case No. 1516 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T