Jagdish Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18341 of 2018 Arising Out of PS. Case No.-192 Year-2017 Thana- GHOSI District- Jehanabad ====================================================== Jagdish Sharma, Son of Binod Sharma, Resident of Village- Korra, P.S.- Ghosi, District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Ghosi P.S. Case no. 192 of 2017 registered under Sections 420, 467, 468, 471, 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act-2016.

1179 lts. of foreign liquor is said to have been recovered from a pick-up van parked near the house of Ashok Sharma and Chintu Sharma was apprehended while guarding the said vehicle. Said Chintu Sharma disclosed the name of the petitioner and other accused persons as owner of the said liquor. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.18341 of 2018(3) dt.26-04-2018 2/2 physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. There is nothing in the record indicating complicity of the petitioner in the occurrence barring disclosure of the Chintu Sharma. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 6.03.2018. Similarly situated co-accused namely, Mantan Kumar @ Mantan Sharma has been enlarged on regular bail while Gopal Sharma @ Gopal Kumar on anticipatory bail vide order dated 22.12.2017 and 10.01.2018 passed in Cr. Misc. no. 59403 of 2017 and 1509 of 2018 respectively by a different co-ordinate Bench of this Court. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Session Judge-II, Jehanabad in connection with Ghosi P.S. Case no. 192 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T