Shambhu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9024 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -JHAJHA RAIL P.S. District- LAKHISARAI ====================================================== Shambhu Prasad, S/o Ramjee Rai, resident of Village- Mauzipur, Ward No2, P.S.- Fatuha, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Kumar Singh For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, already in custody, seeks bail in connection with Jhajha GRP P.S. Case No. 137 of 2016 registered under Sections 30(A), 38 (i) of the Bihar Excise (Amendment) Act, 2016.

Allegation in brief is that 96 litres of country made liquor kept in sacks, were found near the lavatory of the general bogie of the train and the petitioner was present there. Learned counsel for the petitioner submits that in fact, the petitioner has no concern with the aforesaid liquor, as he was travelling in the said train and was standing near the gate of the train and merely on suspicion, apprehended moreover

Patna High Court Cr.Misc. No.9024 of 2017 (3) dt.15-03-2017 2/2 seizure was not made from his conscious possession. Having considered the aforesaid facts and circumstances, the petitioner, namely, Shambhu Prasad, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Lakhisarai in connection with Jhajha GRP P.S. Case No. 137 of 2016. (Arun Kumar, J) Mahesh/- U T