Gopal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23054 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -HULASGANJ District- JEHANABAD ====================================================== Gopal Sharma Son of Binod Sharma @ Vinod Kumar Resident of Village - Korra, P.S. - Ghoshi, 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 : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-04-2018 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 467, 468 and 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

465 litres of foreign liquor is said to have been recovered from two vehicles and accused persons namely Manoj Kumar, Mukesh Kumar and Suraj were apprehended. Said Manoj Kumar and Mukesh Kumar divulged that the petitioner had loaded the aforesaid article on the said vehicle to be delivered to his men at Bihar.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.23054 of 2018 (2) dt.27-04-2018 2/2 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 by the aforesaid two accused persons, namely, Manoj Kumar and Mukesh Kumar due to animosity. Though one more case under Excise Act has been lodged against the petitioner, but he is on anticipatory bail in the said case. He was not apprehended on the spot. He has been languishing in custody since 28.02.2018. Said Manoj Kumar has been enlarged on bail by this court vide order dated 17.02.2018 passed in Cr. Misc. No. 8860 of 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-II cum Special Judge, Excise, Jehanabad in connection with Hulasganj P.S. Case No. 08 of 2018.

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