Shivam Bhardwaj @ Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23003 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== SHIVAM BHARDWAJ @ SHIVAM KUMAR Son of Kari Rai Resident of Village - Sihma, P.S.- Khodabandpur, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Deo Singh For the Opposite Party/s :

Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2020 Heard Mr. Vikram Deo Singh, learned counsel for the petitioner and Mr. Madhuranand Jha, learned counsel appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Khodabandpur P.S. Case No. 18 of 2020 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per the First Information Report is that Police on the basis of secret information proceeded towards the village- Sihma and upon seeing the Police party one person namely, Shivam Bhardwaj (i.e. the petitioner) tried to escape but was arrested by the Police and upon search Police recovered a total quantity of 255.96 liters of foreign liquor from an orchard under a tree. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and no illicit liquor has been recovered from his conscious or exclusive possession. Learned counsel further submits that from

Patna High Court CR. MISC. No.23003 of 2020(3) dt.04-11-2020 2/2 perusal of the F.I.R. it would be evident that the illicit liquor in question has been recovered from an orchard under a tree and not from the premises belonging to the petitioner. Learned counsel further submits that the petitioner is in custody since 30.04.2020.

Having heard learned counsel for the parties and taking into consideration the materials available on record and the fact that petitioner is in custody since 30.04.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cumSpecial Judge, Excise Act, Begusarai / court concerned in connection with Khodabandpur P.S. Case No. 18 of 2020. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T