Rakesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41911 of 2018 Arising Out of PS.Case No. -108 Year- 2018 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Rakesh Sharma, Son of Late Suresh Sharma, Resident of village - chaita Dakshini, P.S.-Angarghat, District-Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== 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 Sections 272, 273 and 414 of the Indian Penal Code and Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016.

13.500 litres of foreign liquor is said to have been recovered from the motorcycle and the petitioner and one Sudhir Kumar were apprehended.

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 the case at the instance of his enemies by planting aforesaid recovery from

Patna High Court Cr.Misc. No.41911 of 2018 (2) dt.12-07-2018 2/2 his possession. He has no criminal antecedent. He has been languishing in custody since 18.05.2018.

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 Addl. Sessions Judge-VI cum Special Judge, Excise Act, Samastipur in connection with Ujiarpur P.S. Case No. 108 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T