Patna High CourtCR. MISC./43050/2018bail granted

Rudal Sharma v. The State Of Bihar

2018-07-19Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43050 of 2018 =============================.========================= Rudal Sharma, s/o late Brahmdev Sharma, r/v-Auradih, P.S.- Alamnagar, District-Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhijeet Gautam, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Alamnagar P.S. Case No. 77/2018, registered under Sections 30(a) and 37(b) (c) of the Bihar Prohibition and Excise (Amendment) Act, 2016. 5 litres of country made liquor is said to have been recovered from the possession of the petitioner and one Tiro Sharma. They were found in inebriated condition. 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 been falsely implicated in this case. It is not mentioned in the written report that as to from whose possession aforesaid liquor was recovered. He had not consumed liquor. He has no criminal

Patna High Court Cr.Misc. No.43050 of 2018 (3) dt.19-07-2018 2/2 antecedent and has been languishing in custody since 08.04.2018. Other co-accused, namely, Tiro Sharma, has been enlarged on bail by a co-ordinate Bench of this Court in Cr. Misc. No. 41104/2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on 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 District Judge-III-cum-Special Judge, Excise Act, Madhepura, in connection with Alamnagar P.S. Case No. 77/2018. (Prakash Chandra Jaiswal, J.) Rakhi U T