Patna High CourtCR. MISC./32368/2020bail granted

Subhash Sharma v. The State Of Bihar

2020-12-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32368 of 2020 Arising Out of PS. Case No.-50 Year-2019 Thana- PARASI District- Jehanabad ====================================================== SUBHASH SHARMA S/o Late Sachitanand Sharma Resident of VillageParshurampur, P.S-Parasi, District-Arwal. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner seeks bail in Excise Case No. 1088/2019, arising out of Parasi P.S. case No. 50/2019. registered u/s 30(a) of the Bihar Prohibition & Excise Act. The police on secret information that petitioner was manufacturing liquor in his hut raided the place and recovered 20 liters of country made liquor, plastic bags, cylinder, drums aluminum vessels and other articles.

The learned counsel for the petitioner submits that petitioner is not apprehended on the spot. There is nothing to show that petitioner was preparing liquor in the hut situated at a lonely place and on mere secret information the raid was

Patna High Court CR. MISC. No.32368 of 2020(2) dt.07-12-2020 2/2 conducted. Nobody has seen manufacturing the liquor. The petitioner is in custody since 20.07.2020.

Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that petitioner has remained in jail for more than four and half months, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Jehanabad in connection with Excise Case No. 1088/2019, arising out of Parasi P.S. case No. 50/2019.

(Prabhat Kumar Jha, J) BKS/- U T