Patna High CourtCR. MISC./28699/2023bail granted

Ajay Kumar Sharma v. The State Of Bihar

2023-05-17Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28699 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== Ajay Kumar Sharma, Son of Beer Bahadur Sharma, Resident of village-Khori Pakar, P.S.-Jamo Bazar, Distt-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-05-2023

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

2. Petitioner seeks regular bail in connection with Mairwa P.S. Case No. 55 of 2023 dated 27.02.2023 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 120 litres of Indian made foreign liquor from a Toyota car and as per allegation the petitioner was found sitting in the said vehicle at the time of recovery but in fact the petitioner was simply a passerby and he was made accused merely on suspicion and he has been languishing in jail since 27.02.2023 and against him the investigation has been

Patna High Court CR. MISC. No.28699 of 2023(2) dt.17-05-2023 2/2 completed. Further submissions are that against the petitioner there are criminal antecedents of two case but the said cases were lodged under the offences of Indian Penal Code, in which he is on bail.

4. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

5. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6. Accordingly, let the petitioner named-above be enlarged on bail in connection with Mairwa P.S. Case No. 55 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T