Mithilesh Sharma @ Mithlesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43098 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- SUPAUL District- Supaul ====================================================== MITHILESH SHARMA @ MITHLESH SHARMA Son of Lal Mohar Sharma Resident of Village- Amaha, Ward No.2, Amaha, P.S.- Supaul, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Patla Kumari For the Opposite Party/s :
Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-07-2019 Heard both sides.
The petitioner apprehends his arrest in Supaul (Laukaha O.P.) P.S. case No. 181 of 2019 registered under Section 30(a) of the Bihar Prohibition & Excise Act. The informant got information that Lal Mohar Sharma has kept illicit liquor in his house and used to sell the liquor. On such raid was conducted and 30 liter of country made liquor was recovered from the house of Lal Mohar Sharma. The learned counsel for the petitioner submits that petitioner is son of Lal Mohar Sharma and the police did not get any information that petitioner was also indulged in selling illicit liquor but name of the petitioner also figured in the case only because petitioner happens to be son of Lal Mohar Sharma.
Patna High Court CR. MISC. No.43098 of 2019(2) dt.15-07-2019 2/2 There is no material against the petitioner that petitioner was selling any liquor.
Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that petitioner is son of Lal Mohar Sharma from whose house recovery of liquor was made, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order 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 learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Supaul in connection with Supaul (Laukaha O.P.) P.S. case No. 181 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T