Patna High CourtCR. MISC./24607/2018bail granted

Arbind Kumar Sharma v. The State Of Bihar

2018-04-30Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24607 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -ISMILEPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Arbind Kumar Sharma, son of Umesh Mohan Sharma, resident of Village- Jay Mangal Tola, P.S. Ishamailpur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) & 38 (1) of the Bihar Prohibition and Excise Act, 2016.

30 liters of country made liquor is said to have been recovered from the poultry farm of the petitioner and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case at the instance of his enemy by

Patna High Court Cr.Misc. No.24607 of 2018 (02) dt.30-04-2018 2/ 2 planting the aforesaid recovery from his poultry farm. He has no concern with the seized liquor. Though one case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 18.02.2018. 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 Court/ Judge Excise, Bhagalpur in connection with Ismailpur P.S. Case No.04 of 2018.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T