Naresh Sharma @ Naresh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25014 of 2021 Arising Out of PS. Case No.-12 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== NARESH SHARMA @ NARESH THAKUR, SON OF SITA RAM SHARMA @ SITA RAM THAKUR, RESIDENT OF VILLAGE PANAPUR LANGA, POLICE STATION- HAJIPUR SADAR IN THE DISTRICT OF VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 414 and 34 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on a raid being conducted while a pistol and live cartridges were recovered from the possession of accused Santosh Sharma, it is stated that from three vehicles parked outside the house of the petitioner 405 litres, 45 litres and 9 litres of liquor were recovered. It is further stated that a total of more than 3000 litres of liquor was recovered from different rooms of the house of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. The petitioner has no concern with the allegedly recovered liquor or vehicle. It is after this case that the petitioner has been falsely implicated in other cases as mentioned in paragraph no.3 of the petition. Co-accused Santosh Sharma has been enlarged on bail while Rajesh Sharma and Guddu Kumar have been enlarged on anticipatory bail. The petitioner is in custody since 13.11.2020. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with recovery of about 3500 litres of liquor from the house of the petitioner, the Court is not inclined to enlarge the petitioner on bail. The application is rejected. Liberty is granted to the petitioner to renew his prayer for bail after six months.

(Partha Sarthy, J) Spd/- U T