Bonai Sharma @ Bona Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43096 of 2018 ====================================================== Bonai Sharma @ Bona Sharma, S/o. late Fakir Sharma, Resident of VillageMalhariya, P.SO. Baisi, District- Purnea. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
14 litres of country made liquor is said to have been recovered from the cycle 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 no concern either with the seized liquor or with the cycle in question. He has been falsely implicated in the case by the police merely on
Patna High Court Cr.Misc. No.43096 of 2018 (2) dt.18-07-2018 2/2 suspicion while he was passing through the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid liquor laden cycle there seeing the police party. He has no criminal antecedent. He has been languishing in custody since 29.05.2018.
Considering the facts aforesaid, 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 2nd Additional Sessions Judge-cum-Special Court (Excise), Purnea in connection with Baisi P.S. Case No. 132 of 2018, Special Excise Case No. 522/2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T