Indresh Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45502 of 2018 Arising Out of PS.Case No. -83 Year- 2018 Thana -KEOTI District- DARBHANGA ======================================================
1. Indresh Sharma, Son of Ghuran Sharma @ Ghuran Thakur
2. Vikash Kumar Mahto, Son of Vinod Mahto, Both are resident of Village- Ramni Rampur, Chhatwan, P.S.- Keoti, District- Darbhanga. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Shashank Shekhar, Adv. For the Opposite Party : Mr. Chandra Bhushan Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
61 liters of foreign liquor is said to have been recovered from the Priyanka Tent House of Akhileshwar Sharma who happens to be own brother of Indresh Sharma (petitioner no.1) and the said Indresh Sharma and Vikash Kumar Mahto (petitioner no.2) were apprehended from the aforesaid place. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either
Patna High Court Cr.Misc. No.45502 of 2018 (2) dt.26-07-2018 with the seized liquor or the place of recovery or any trade of liquor. The petitioner no.1 had visited to his brother at the Tent House along with his friend Vikash Kumar Mahto in the meantime police arrived there and both were apprehended from the aforesaid place and the said Akhileshwar Sharma managed to escape. They have been falsely implicated in this case by the police merely on suspicion. They have no criminal antecedent and have been languishing in custody since 09.06.2018.
In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV-cum-Special Judge, Darbhanga in connection with Keoti P.S. Case No. 83 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T