Akash Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18337 of 2024 Arising Out of PS. Case No.-60 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== 1.

Akash Kumar Sharma S/o Suraj Sharma R/o vill - Bhagar, P.S. - Siswan, Distt. - Siwan 2.

Kamal Kumar S/o Dhaneshwar Bhagat R/o vill - Bhagar, P.S. - Siswan, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Raghunathpur (Excise) P.S. Case No. 60 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 711 liters liquor was recovered from one vehicle and the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. No incriminating material have been recovered from the conscious

Patna High Court CR. MISC. No.18337 of 2024(2) dt.12-03-2024 2/3 possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that petitioner nos. 1 and 2 are driver and passenger of the vehicle and the have no knowledge regarding the goods loaded in the vehicle. The petitioners are in custody since 13.12.2023 and have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raghunathpur (Excise) P.S. Case No. 60 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.18337 of 2024(2) dt.12-03-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T