Patna High CourtCR. MISC./30946/2024bail granted

Anil Sharma v. The State Of Bihar

2024-04-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30946 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== Anil Sharma Son of Krishna Lal Resident of Village- Chowki Chaura, P.SAkhnoor, District -Jammu (Jammu and Kashmir) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 80 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 6246 liters of illegal liquor was recovered from a Truck, which was being driven by the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.30946 of 2024(2) dt.23-04-2024 2/3 incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has no concern with the seized vehicle or with the wine in question. Moreover, it is submitted that the petitioner has no knowledge that what is being carried in the said vehicle. The petitioner is in custody since 27.02.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 80 of 2024, Subject to following conditions:

(i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.30946 of 2024(2) dt.23-04-2024 3/3 consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T