Patna High CourtCR. MISC./22796/2024allowed

Sambha Ram @ Shyam @ Shyam Kumar v. The State Of Bihar

2024-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22796 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- KORMA District- Sheikhpura ====================================================== Sambha Ram @ Shyam @ Shyam Kumar S/O Rajendra Ram Resident Of Village Murarpur Police Station Korma District Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a)(c) and 52 of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 80 liters of country made liquor near a river.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized liquor. There is no independent witness of the seizure list rather they are police personnel. His name has transpired on the basis of disclosure made by local

Patna High Court CR. MISC. No.22796 of 2024(2) dt.20-03-2024 2/2 chowkidaar. Similarly situated other co-accused person has already been granted bail by this Court vide Annexure-P/2 of this petition. Moreover, the petitioner is languishing in judicial custody since 21.02.2024.

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

6. 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 Korma P.S. Case No. 121 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 Exclusive Special Excise Judge, Sheikhpura. (Sunil Kumar Panwar, J) Shubham/- U T