Mantan Sharma @ Akshay Sharma @ Akshay Kumar @ Nilesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24535 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -HULASGANJ District- JEHANABAD ======================================================
1. Mantan Sharma @ Akshay Sharma @ Akshay Kumar @ Nilesh S/o Ashok Sharma, R/o Vill.- Kora, P.S.- Ghoshi, District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jharkhandi Upadhyay For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== 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) of the Bihar Prohibition and Excise Act, 2016.
160 bottles each containing 750 ml. of foreign liquor is said to have been recovered from the vehicle and one accused, namely, Anant Gopal Kumar, who disclosed the name of the petitioner as his accomplice, was apprehended while another managed to escape.
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
Patna High Court Cr.Misc. No.24535 of 2018 (02) dt.30-04-2018 2/ 2 falsely implicated in this case by the said Anant Gopal Kumar due to animosity. He has no concern with the seized liquor. Though three more cases under the Excise Act have been lodged against the petitioner but he is on bail in the said cases. He has been languishing in custody since 05.04.2018.
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 Special Judge Excise, Jehanabad in connection with Hulashganj P.S. Case No. 19 of 2018.
(Prakash Chandra Jaiswal, J.) Trivedi/- U T