Sukkan Sharma @ Sugan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41598 of 2018 ====================================================== Sukkan Sharma @ Sugan Sharma, Son of Late Banarsi Sharma, resident of Village- Bhimri Navtoliya, P.S.- Pasraha, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav, Advocate For the Opposite Party/s : Smt. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

26.500 liters of foreign liquor is said to have been recovered from the possession of the petitioner. 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 no concern with the seized liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since

Patna High Court Cr.Misc. No.41598 of 2018 (2) dt.12-07-2018 2/2 20.05.2018.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Additional Sessions Judge - 1cum-Special Judge, Excise, Khagaria in connection with Pasraha P.S. Case No. 64 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/Sanjeev U T