Vedanand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35009 of 2023 Arising Out of PS. Case No.-69 Year-2022 Thana- BARAHAT District- Banka ====================================================== VEDANAND SHARMA Son of Late vasu Tatma Resident of village-Maniya More-Shreepur, P.S.-Naugachia, District-Bhagalpur, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Thakur For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Barahat P.S. Case No. 69 of 2022 dated 16.03.2023 registered for the offences punishable u/s 30(a), 32(2), 41(i) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 121.5 litres of illicit foreign liquor was recovered from a Scorpio and a motorcycle. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.35009 of 2023(2) dt.25-05-2023 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the owner of the seized Scorpio and he has no knowledge of the said recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.04.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Barahat P.S. Case No. 69 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T