Shubham Shaurya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17905 of 2023 Arising Out of PS. Case No.-151 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Shubham Shaurya son of Late Ramanuj Singh Village- Badalpura ward no-2, Ps- Matihani Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shri Prakash Tiwari For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 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 sections120B, 414, 34 of the IPC and Sections 30(a), 32, 27, 41(i) Bihar Prohibition and Excise Act.

As per FIR, the prosecution case relates to recovery of 2227 liter foreign liquor from a truck in question and the petitioner along with co-accused persons were apprehended on the spot.

Patna High Court CR. MISC. No.17905 of 2023(2) dt.12-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the FIR and he has no concern with the alleged recovery nor any incriminating article has been recovered from his conscious possession. It is further submitted that the vehicle in question does not belong to the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 22.07.2022 passed in Cr. Misc. No. 71122 of 2021. The petitioner is languishing in judicial custody since 18.01.2023.

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 S. Kamal P.S. Case No. 151 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.17905 of 2023(2) dt.12-05-2023 3/3 amount each to the satisfaction of learned Exclusive Special Judge Excise-2nd, Begusarai.

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