Dhiraj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23362 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- SIMRI District- Darbhanga ====================================================== Dhiraj Sharma Son Of Late Hira Lal Sharma @ Hira Thakur Resident Of Village- Kadma, PS- Rajepur, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Simari P.S. Case No. 16 of 2023, registered for the offence punishable under Sections 30(a), 41(i), (ii) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 05.02.2023.

Learned APP has vehemently opposed the prayer for bail and submits that 2170.80 litres of foreign liquor was recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.23362 of 2023(2) dt.15-05-2023 2/2 Considering the nature of allegation levelled against the petitioner, his period of custody, this application is allowed. Let the petitioner, above named, be released on bail, after completing one year in custody, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No. 2, Darbhanga in connection with Simari P.S. Case No. 16 of 2023.

(Sandeep Kumar, J) Ranjeet/- U T