Sunil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19196 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Sunil Sharma Son Of Kailash Sharma @ Kailu Sharma Resident Of VillageBudhuchak, Ps- Gopalpur , District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 32(ii) Bihar Prohibition and Excise Act.

As per FIR, the prosecution case relates to recovery of total 36 liters Indian Made Foreign Liquor from a Scorpio vehicle bearing Reg. No. JH-05-DA-7474. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has only taken lift from the co-accused person and merely on the basis of suspicion he has falsely been implicated in this case. The petitioner has no concern with

Patna High Court CR. MISC. No.19196 of 2023(2) dt.18-05-2023 2/2 the alleged recovery nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 18.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Industrial P.S. Case No. 245 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Bhagalpur.

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