Shambhu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11374 of 2018 Arising Out of PS. Case No.-3 Year-2018 Thana- BIHRA District- Saharsa ====================================================== Shambhu Sharma S/o Late Nago Sharma, R/o Vill.- Muraballa, P.S.- Bihra, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neeraj Kumar For the Opposite Party/s :

DR. AJEET KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that the petitioner was found in intoxicated condition.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.01.2018. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is alleged to be found in intoxicated condition. There is no recovery of any liquor from the possession of the petitioner. The petitioner has been made accused due to mistake of fact.

Patna High Court Cr.Misc. No.11374 of 2018(2) dt.27-02-2018 2/2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Saharsa in connection with Bihra P.S. case No.03 of 2018, Special Excise case No.30 of 2018. (Sudhir Singh, J) Narendra/- U T