Kongress Sharma @ Akhilesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42888 of 2018 ====================================================== Kongress Sharma @ Akhilesh Sharma, Son of Late Sahdev Sharma, Resident of village - Gadhmohni, P.S.-Gogari, District-Khagaria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 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 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
7 litres of country made liquor is said to have been recovered from the house of the petitioner and the petitioner was 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. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the said liquor in the house. Seizure list does not bear the
Patna High Court Cr.Misc. No.42888 of 2018 (2) dt.17-07-2018 2/2 signature of the petitioner. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 20.06.2018.
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-I cum Special Judge, Excise, Khagaria in connection with Gogari P.S. Case No. 201 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T