Uday Shankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51663 of 2018 Arising Out of PS. Case No.-738 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== Uday Shankar Sharma, S/o Jagbali Singh, R/o Vill-Khudauri, P.S. Hulasganj, Distt-Jehanabad.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad For the Opposite Party/s :

Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 738 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

6.300 lts. of foreign liquor is said to have been recovered from cow-shed of the petitioner and he was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. The cow-shed of the petitioner is open and he

Patna High Court Cr.Misc. No.51663 of 2018(2) dt.23-08-2018 2/2 had no knowledge of keeping of liquor in the cow-shed. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 23.07.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II, Jehanabad in connection with Excise Case no. 738 of 2018.

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