Manoj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37750 of 2016 Arising Out of PS.Case No. -223 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ======================================================

1. Manoj Kumar Sharma, S/o- Ram Jeevan Sharma, Resident of MohallaBhagwan Das Lane Sujaganj, P.S.- Kotwali, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section47(A) of the Excise (Amendment) Act, 2016. 750 gms Bhang is said to have been recovered from conscious possession of the petitioner, for which, the petitioner is languishing in jail custody since 21-07-2016. Submission on behalf of the petitioner is that the Bhang does not come either under the purview of NDPS Act or under the Bihar Excise Act, 2015.

Be that as it may, considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.37750 of 2016 (2) dt.16-09-2016 2/2 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Excise Case No. 223 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur. (Hemant Kumar Srivastava, J) A.K.V./- U T