Sudharsan Sharma @ Sudarshan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15726 of 2024 Arising Out of PS. Case No.-419 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

SUDHARSAN SHARMA @ SUDARSHAN SHARMA SON OF LATE FULCHAND SHARMA RESIDENT OF VILLAGE - SEMARIA, P.S. - CHAINPUR, DISTRICT - KAIMUR AT BHABUA 2.

BINDU SAHNI SON OF GANGA SAHANI RESIDENT OF VILLAGE - SEMARIA, P.S. - CHAINPUR, DISTRICT - KAIMUR AT BHABUA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.

4. Allegation is of recovery of 45 litres of liquor from a forest area.

5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even the alleged recovery is from a place which is accessible to public at large

Patna High Court CR. MISC. No.15726 of 2024(2) dt.13-03-2024 2/2 and does not belong to the petitioners and they came to be implicated at the instance of the Chawkidar with whom they are on an inimical term.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chainpur P.S. Case No. 419 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T