Munna Kumar Sharma @ Munna Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58588 of 2018 Arising Out of PS.Case No. -273 Year- 2018 Thana -BASANTPUR District- SIWAN ======================================================

1. Munna Kumar Sharma @ Munna Sharma S/o Hari Shankar Sharma, R/o Vill.- Sipar, P.S.- Basantpur, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2018 Heard both sides.

The petitioner seeks bail in Basantpur P.S. case No. 273 of 2018 registered under Section 272, 273, 308 of the IPC and under Section 30(a), 41(1) of the Bihar Prohibition and Excise Act, 2016.

154.912 liter Indian made foreign liquor was alleged to have been recovered near the Darwaja of petitioner. The learned counsel for the petitioner submits that liquor was not recovered from the conscious possession of the petitioner and the same has been recovered from open space and for that the petitioner has been made accused. Considering the nature of allegation made against the petitioner and the fact that petitioner is in custody since 13.08.2018, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge Excise, Siwan in connection with Basantpur P.S. case No. 273 of 2018. (Prabhat Kumar Jha, J) BKS/- U T