Pushpendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6185 of 2018 Arising Out of PS. Case No.-356 Year-2017 Thana- BIDUPUR District- Vaishali ====================================================== Pushpendra Sharma, son of Netrapal Sharma, Resident of Village- Bhankari Kota, P.S. Mursan, District- Hathras (Uttar Pradesh). ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kunwar Ajit Singh For the Opposite Party/s :
Mr. INDRA KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 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 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 560.500 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.11.2017 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is alleged to be arrested by the side of the truck, from which liquor is said to have been unloaded. It is alleged that 560.500 liters wine is
Patna High Court Cr.Misc. No.6185 of 2018(2) dt.17-02-2018 2/2 recovered from the back of the house of one Awadhesh Rai. There is no compliance of Section 100 Cr.P.C. 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 Addl. Sessions Judge II-cum-Special Judge, Excise, Vaishali in connection with Bidupur P.S. case No.356 of 2017. (Sudhir Singh, J) Narendra/- U T