Vijay Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS NO. 22094 of 2020.

========================================================== Vijay Kumar Sharma, son of Vinay Sharma @ Vinay Kumar Sharma, resident of Village - Daud Nagar, P.S. - Bidupur, District - Vaishali ..... ......Petitioner

Versus

The State of Bihar ..... ......Opposite Parties ========================================================== Appearance:

For the Petitioner/s :

Mr. Dilip Kumar Roy, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02.

18.08.2020.

Heard Mr. Dilip Kumar Roy, learned counsel for the petitioner and Mr. Akbar Ali learned counsel for the State. The petitioner, who is in custody since 14.03.2020 and is a person of clean antecedent, seeks bail in connection with Mohiuddin Nagar P.S. Case No. 46 of 2020 dated 13.03.2020, (CIS No. 335/20) instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

From the First Information Report, it appears that 200 litres of liquor has been recovered from the possession of the petitioner. Learned counsel for the petitioner has pointed out that there is difference between the averments made in the First Information Report and the seizure list. He has further submitted that the recovery has wrongly been shown from the personal possession of the petitioner.

Regard being had to the afore-stated facts and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge -II-cum-Special Judge, Excise, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 46 of 2020 (CIS No. 335/20).

(Ashutosh Kumar, J) Sunil/- U T