Patna High CourtCR. MISC./22535/2024bail granted

Param Ram Sharma v. The State Of Bihar

2024-04-01Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22535 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- MUSAHARI District- Muzaffarpur ====================================================== Param Ram Sharma S/O Ram Kumar Sharma R/O Vill - Chapra Rupnath, P.O. - Chapra Megh, P.S. - Mushahari, Distt. - Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Samir Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2022.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and the allegation is of recovery of 21 litres of liquor from the house of Chunnu Thakur and 32.25 litres of liquor from the house of Diwakar Thakur.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the

Patna High Court CR. MISC. No.22535 of 2024(2) dt.01-04-2024 2/2 petitioner. It is next submitted that petitioner has no connection or relation with Chunnu and Diwakar and he came to be implicated based on confessional statement of Diwakar Thakur in police custody, which does not have any evidentiary value.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-3, Muzaffarpur in connection with Mushahari P. S. Case No.33 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T