Shubham Kumar @ Shubam Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 55438 of 2017 Arising Out of PS. Case No.-127 Year-2017 Thana- Bhagwanpur District- Begusarai ======================================================

1. Shubham Kumar @ Shubam Kumar, son of Sunil Kumar Singh, resident of Village- Narharipur, Police Station- Bhagwanpur, District- Begusarai.

2. Sheo Chandra Jha son of Gulab Jha, resident of VillageBelapatti, Police Station- Triveniganj, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary For the Opposite Party/s :

Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

17-11-2017 Heard Sri Nilendu Kumar Choudhary, learned counsel for the petitioner and Sri Amrendra Prasad, learned Addl. Public Prosecutor.

Two petitioners, who are in custody since 23-07-2017 in Bhagwanpur P.S. Case No. 127 of 2017 registered for offence under Sections 30/30(a)/37(b) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail. At the very outset, learned counsel for the petitioners has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioners are having clean antecedent. It was further argued by learned counsel for the petitioners that petitioners are poor labourer and they were arrested, as if they

Patna High Court Cr.Misc. No.55438 of 2017(2) dt.17-11-2017 2/2 were involved in unloading liquor from a truck, bearing registration of Haryana state. He submits that main accused has not been apprehended, rather the petitioners, who were labourer and were having no connection with the truck in question, since they were found near the place of occurrence, they were arrested.

Be that as it may, considering the nature of accusation, clean antecedent as well as period of custody, let both petitioners namely Shubham Kumar @ Shubam Kumar and Sheo Chandra Jha be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - 7th -cum-Special Judge, Begusarai in connection with Bhagwanpur P.S. Case No. 127 of 2017.

(Rakesh Kumar, J.) anay U T