Chintu Kumar @ Param Ram Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43873 of 2018 Arising Out of PS.Case No. -92 Year- 2018 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Chintu Kumar @ Param Ram Sharma, Son of Ram Kumar Sharma, Resident of Village- Chhapra Megh, Police Station- Mushahari, DistrictMuzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2018 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 272 and 273 of the Indian Penal Code and Sections 30(a), 36 and 38 of the Bihar Prohibition and Excise Act, 2016.
25.875 litres of foreign liquor is said to have been recovered from motorcycle parked in the house of the petitioner and also from toilet of the petitioner and he managed to escape. 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. He has been falsely implicated in the case
Patna High Court Cr.Misc. No.43873 of 2018 (2) dt.20-07-2018 2/2 at the instance of his enemies. 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 and motorcycle. He has no criminal antecedent. He has been languishing in custody since 30.06.2018.
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 Special Judge, Excise Act, Muzaffarpur in connection with Mushahari P.S. Case No. 92 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T