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Patna High CourtCR. MISC./11724/2023allowed

Angrej Kumar @ Angrej Kumar Sharma v. The State Of Bihar

2023-04-24Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11724 of 2023 Arising Out of PS. Case No.-501 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== Angrej Kumar @ Angrej Kumar Sharma S/O Ajay Kumar Sharma R/V- Bela Newbad, P.S.- Beldor, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Ms.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bihpur (Bhawanipur) P.S. Case No. 501 of 2022 registered under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 62.280 liters of country made liquor from the Scorpio car bearing Registration No. BR-09PA 7279 which was being driven by this petitioner and he was arrested by the police on spot after chase. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that nothing incriminating article or illicit liquor has been recovered

Patna High Court CR. MISC. No.11724 of 2023(2) dt.24-04-2023 2/3 from the conscious possession of the petitioner and he has no concern with the seized illicit liquor. There is no independent witness of the seizure list. Moreover, he is languishing in judicial custody since 17.09.2022.

The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioner is directed to deposit a sum of Rs. 10,000/- (Rs. Ten Thousand) in the District Legal Services Authority of the concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bihpur (Bhawanipur) P.S. Case No. 501 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Ist Bhagalpur.

The bail bonds of the petitioner shall be accepted by the learned lower Court below on showing the receipt of deposit

Patna High Court CR. MISC. No.11724 of 2023(2) dt.24-04-2023 3/3 of Rs. 10,000/- (Rs. Ten Thousand) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) shubham/- U T