Shankar Jaiswal @ Shankar Prasad Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41758 of 2021 Arising Out of PS. Case No.-79 Year-2021 Thana- BRAHMPURA District- Muzaffarpur ====================================================== SHANKAR JAISWAL @ SHANKAR PRASAD JAISWAL S/o Late Mahabin Chaudhary Resident of Mohalla- Ayodhya Nagar Chandni Chowk Banwari, Lal College road, P.S.- Brahmpura, Dist- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kanchan Kumari, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard.

The petitioner seeks regular bail in connection with Brahpura P.S. Case No. 79 of 2021, registered for the offence punishable under Sections 30(c) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 3 empty bottles of liquor and some drums from the scrap shop of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 16.6.2021.

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

Patna High Court CR. MISC. No.41758 of 2021(2) dt.03-01-2022 2/2 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that no illicit liquor has been recovered from the scrap shop of the petitioner and only empty bottles of liquor have been recovered apart from the fact that the petitioner is having a clean antecedent and is languishing in custody since a long time, I deem fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur in connection with Brahmpura P.S. Case No. 79 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T