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Patna High CourtCR. MISC./34164/2017bail granted

Ramdhani Sharma v. The State Of Bihar

2017-07-31Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34164 of 2017 Arising Out of PS.Case No. -186 Year- 2017 Thana -RAJAUN District- BANKA ====================================================== Ramdhani Sharma, S/o Late Sitabi Sharma, Resident of Village- Marni, Police Station- Rajoun, District- Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 24.05.2017 in connection with Rajoun P.S. Case No. 186 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information, petitioner was apprehended while coming by a train and in his bag 10.600 litres of country made liquor was recovered.

It has been submitted by the learned counsel for the petitioner that he is innocent, has been falsely implicated in

Patna High Court Cr.Misc. No.34164 of 2017 (2) dt.31-07-2017 2/2 aforesaid case and considering the period of custody, a sympathetic consideration be given.

However, learned A.P.P. for the State opposes the prayer for bail stating therein that the petitioner is accused in two more cases, although of different nature.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Banka in connection with Rajoun P.S. Case No. 186 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable properties within the jurisdiction of the concerned P.S./ Court, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J.) Arjun/- U T