Md. Shahrukh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4461 of 2019 Arising Out of PS. Case No.-640 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== Md. Shahrukh, aged about 22 years, male, S/o Md. Asharfi Resident of village-Bhartiya Nagar, P.S.-Sadar, District-Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subesh Sharma For the Opposite Party/s :
Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Special (Excise) Case No. 640 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016. 360 ml. country made liquor is said to have been recovered from the courtyard of the house of the petitioner and he was apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has been falsely implicated in this case. The house of the petitioner is inhabited by his several other family members and he had no
Patna High Court Cr.Misc. No.4461 of 2019(2) dt.30-01-2019 2/2 knowledge of keeping of liquor in the house. Though, one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. Petitioner has been languishing in custody since 04.12.2018.
In the facts and circumstances of the case, the above named petitioner 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 the learned Special Judge, Saharsa in connection with Special (Excise) Case No. 640 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T