Akash Kumar Sharma @ Vikash Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13773 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- PATNA CITY CHOWK District- Patna ====================================================== Akash Kumar Sharma @ Vikash Kumar Sharma Son Of Vakil Sharma @ Vakil Thakur R/O Mohalla- Jahagirpur, P.S.- Raghopur (Rustampur O.P.), District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shambhu Narayan Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Chowk P.S. Case no. 36 of 2023 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 105 liters mahua liquor contained in drum, which was recovered from a motorcycle bearing Reg. No. BR-010-ES-5697. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in

Patna High Court CR. MISC. No.13773 of 2023(2) dt.05-05-2023 2/3 this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. No any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 25.01.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chowk P.S. Case No. 36 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Court Excise, Patna City, Patna.

The bail bonds of the petitioner shall be accepted

Patna High Court CR. MISC. No.13773 of 2023(2) dt.05-05-2023 3/3 by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

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