Sharif Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33302 of 2018 Arising Out of PS. Case No.-79 Year-2018 Thana- SURSAND District- Sitamarhi ====================================================== Sharif Shekh Son of Late Lalo Shekh Resident of Village - Bhanta Bari, Police Station - Pupri, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Sursand P.S. Case No. 79 of 2018 for the offense punishable under section 30(a), 38 and 41 of the Bihar Prohibition and Excise Act 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He has been made accused in this case in connection with recovery of 36 ltrs of Nepali Wine.

Learned counsel submits that nothing was recovered from the possession of the petitioner or from the house of the petitioner. It was recovered from the Bara Meghpur Middle School and as such petitioner can not be fastened with the

Patna High Court Cr.Misc. No.33302 of 2018(2) dt.05-06-2018 2/2 criminal liability for the alleged liquor recovered from the school in question.

Learned counsel further submits that the petitioner is in custody since 16.04.2018.

Considering the totality of facts situation as discussed herein above, let the petitioner, named above, 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 learned A.D.J II cum Special Judge, Sitamarhi, in connection with Sursand P.S. Case No. 79 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T