Patna High CourtCR. MISC./12937/2019bail granted

Indradeo Sharma v. The State Of Bihar

2019-03-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12937 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- BASANHI District- Saharsa ====================================================== INDRADEO SHARMA @ Indradeo Rishideo, Son of Kailash Sharma Resident of village - Dhanroja (Dadroja), P.S. - Beldaur, District - Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 02.01.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that the petitioner was apprehended while carrying 10 litres of illicit mahua liquor on a motorcycle. It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the quantity of recovery, the period under

Patna High Court CR. MISC. No.12937 of 2019(2) dt.05-03-2019 2/2 custody, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Saharsa in connection with Special (Excise) Case No.6 of 2019, arising out of Basnahi P.S. Case No. 1 of 2019. (Dinesh Kumar Singh, J) Ashwini/- U T