Patna High CourtCR. MISC./23187/2018bail granted

Satan Kumar Sharma v. The State Of Bihar

2018-04-26Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23187 of 2018 Arising Out of PS.Case No. -127 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Satan Kumar Sharma S/o Kishori Thakur, R/o Vill.- Bharsar, Ward No. 6, P.S.- Kanhauli, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shankar Kumar, Adv. For the Opposite Party/s : Mrs. Ansuiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Case No.C-2/127 of 2018/171 of 2018 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

27 liters of Nepali liquor is said to have been recovered from the joint possession of the three accused persons including the petitioner.

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.23187 of 2018 (02) dt.26-04-2018 2/ 2 planting the aforesaid recovery. He has no concern with the seized liquor. He has no criminal antecedent and has been languishing in custody since 27.02.2018. Similarly situated co-accused, namely, Inus Sah Fakir has been enlarged on bail by this Court in Cr. Misc. No.22361 of 2018 vide order dated 17.04.2018. 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 2ndAdditional District & Sessions Judge-cum-Special Judge Excise Act, Sitamarhi in connection with Case No.C-2/127 of 2018/171 of 2018.

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