Bamdev Sharma @ Vamdeo Sharma @ Malo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3150 of 2023 Arising Out of PS. Case No.-138 Year-2021 Thana- HALSI District- Lakhisarai ====================================================== BAMDEV SHARMA @ VAMDEO SHARMA @ MALO SINGH S/o Bhagirath Singh R/o village- Saithna, P.S.- Halsi, Distt- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 79 litres illicit liquor of different brands from behind the house of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the place of occurrence. The alleged place is a open pond. The name of the petitioner has been disclosed in this case by the local choukidar before the
Patna High Court CR. MISC. No.3150 of 2023(2) dt.03-04-2023 2/2 police, which has got no evidentiary value in the eye of law. He is languishing in judicial custody since 5.10.2022. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge IV-cum-Special Excise Court-1st, Lakhisarai in connection with Halsi P.S. Case No. 138 of 2021.
(Sunil Kumar Panwar, J) sushma/- U