Sugalal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17743 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- PANAPUR District- Saran ====================================================== SUGALAL SHARMA S/o Lalan Sharma R/o village- Jogapur Kothi, Tola Saryan, P.S.- Jamo Bazar, District- Siwan, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kant, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on information having been received a raid was conducted. A total of 1200 litres of liquor was recovered, however, the accused persons abandoning their vehicle/motorcycles, etc managed to flee away. It is stated that one of the motorcycle was registered in the name of the petitioner.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. So far as his implication is concerned, the vehicle in question was

Patna High Court CR. MISC. No.17743 of 2022(2) dt.10-05-2022 2/2 sold several years back, however, unfortunately the registration of the vehicle was not transferred in the name of the purchaser. The petitioner has no criminal antecedent and is in custody since 11.2.2022. It is further submitted that a supplementary affidavit has been filed stating about the marriage in the family scheduled to take place on 12.5.2022.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot nor having any criminal antecedent together with charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Panapur P.S. Case no. 14 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 Court II, Saran at Chapra. (Partha Sarthy, J) Prakash/- U