Jai Prakash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6304 of 2023 Arising Out of PS. Case No.-189 Year-2022 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Jai Prakash Sharma Son Of Late Rooplal @ Rooplal Sharma R/V- Sohsa Chanda, P.S-Mehandia Dist- Arwal, At Present Residing At Bhupatipur Musahari P.S- Ramkrishna Nagar Dist- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Arvind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 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 sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 555.5 litres of country made liquor from an open field. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. There

Patna High Court CR. MISC. No.6304 of 2023(2) dt.11-04-2023 2/2 is no independent witness of the alleged seizure. He is languishing in judicial custody since 23.04.2022. 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 Special Judge, Excise, Patna in connection with Ramkrishna Nagar P.S. Case No. 189 of 2022, Special Case No. 2151 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T