Bikash Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62724 of 2017 Arising Out of PS.Case No. -303 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Bikash Kumar Jha S/o Late Bijay Shankar Jha, R/o Village- Shahpur Pagra, P.S.- Dalsingsarai, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sachin Kumar For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dalsingsarai P.S. Case No. 303 of 2017 (G.R. 2861/17) for the offences punishable under Section 30(a) and 38(i)(ii) and 41(i) of Bihar Prohibition and Excise Act, 2016.

Allegation is that the petitioner is said to be sitting in one maruti Alto car and when the same was intercepted by the police, the police recovered six cartoons containing bottles of 180 ML each of illicit liquor. Thereafter, one truck is said to have been apprehended from which also, recovery of illicit liquor was made. The learned counsel for the petitioner submits that the petitioner was just a passenger sitting in the said Maruti Alto

Patna High Court Cr.Misc. No.62724 of 2017 (2) dt.17-01-2018 2/2 Car and no recovery has been made from the possession of the petitioner. It is further submitted that the petitioner has a clean antecedent and several other accused persons have been granted bail by this Court by orders dated 20.11.2017 passed in Cr. Misc. No. 55491 of 2017, 04.12.2017 passed in Cr. Misc. No. 56384 of 2017 and 04.12.2017 passed in Cr. Misc. No. 56526 of 2017. the petitioner is stated to be in custody since 24.9.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, as also the parity of the case of other accused persons, who have already been granted bail, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Special Judge Ex. SPR, Samastipur, in connection with Dalsingsarai P.S. Case No. 303 of 2017 dated 23.09.2017 (G.R. No. 2861/17).

(Mohit Kumar Shah, J) BTiwary/- U T