Manish Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9587 of 2024 Arising Out of PS. Case No.-93 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.

Manish Sharma S/o Pappu Sharma R/o Vill and P.S. - Derabasi, Dist. - Chandigarh (Punjab) 2.

Gurvindra Singh S/o Sri Ram R/o Vill and P.S. - Derabasi, Dist. - Chandigarh (Punjab) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Santosh Kumar, Advocate For the State :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Patodi P.S. Case No. 93 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3.

As per prosecution case, there is recovery of total 992.880 liters of illicit foreign liquor from truck. 4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 30-11-2023. Petitioners are stated to be man of clean antecedent.

5.

It has been further submitted by the petitioners'

Patna High Court CR. MISC. No.9587 of 2024(2) dt.20-02-2024 2/2 counsel that petitioners have been falsely implicated in the present case. It is alleged that petitioners are driver and codriver of the vehicle in question. Petitioners have no concern with the alleged recovered liquor. There is no compliance of Section 100 of the Code of Criminal Procedure, 1973. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, clean antecedent of the petitioners and manner of implication, this Court is inclined to grant bail to the petitioners. 8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patodi P.S. Case No. 93 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T