Pappu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43094 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- RANIGANJ District- Araria ====================================================== PAPPU SHARMA Son of Krityanand Sharma Resident of Village- Raghopur, Ward No.2, Raniganj, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-02-2022 Heard Mr. Mrigendra Kumar, learned counsel for the petitioner and Mr. Bharat Bhushan, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Special Case No. 261 of 2021 arising out of Raniganj P.S. Case No. 73 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The Police intercepted one Alto Car and two persons sitting in the car started fleeing away. However, the Police apprehended the petitioner and recovered 17.640 litres of illicit foreign liquor and further the house of the petitioner was raided from where 196.920 litres of illicit liquor was recovered. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and at the time of
Patna High Court CR. MISC. No.43094 of 2021(2) dt.03-02-2022 2/3 search and seizure, the procedure prescribed under the Excise Act and the Cr. P.C. was not followed by the Police. Learned counsel further submits that the house from where the illicit liquor was recovered is joint house in which other family members also reside. He next submits that the petitioner is in custody since 6.3.2021, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that petitioner has got no criminal antecedent, he is in custody since 6.3.2021, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-IIcum-Special Judge, Araria, in connection with Special Case No. 261/2021 arising out of Raniganj P.S. Case No. 73/2021. It is made clear that at the time of furnishing bail
Patna High Court CR. MISC. No.43094 of 2021(2) dt.03-02-2022 3/3 bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T