Patna High CourtCR. MISC./36123/2024bail granted

Bhuwanesh Sharma v. The State Of Bihar

2024-05-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36123 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== 1.

BHUWANESH SHARMA S/O MUKESH KUMAR @ MUKESH R/O VILLAGE- LADHAWATA, P.S- SASANI, DISTT.- HATHRAS (U.P.). 2.

MD. LAIK @ MOHAMMAD LIKE @ MOHAMMAD LAIQK S/O LATE NAVI AHMAD R/O VILLAGE- KARKARAUYA, P.S- SAHJAD NAGAR, DISTT.- RAMPUR (UTTAR PRADESH).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Maharajganj Excise P.S. Case No. 39 of 2024 dated 30.03.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 568.8 litres of illicit foreign liquor was recovered from the pick-up van.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was

Patna High Court CR. MISC. No.36123 of 2024(2) dt.13-05-2024 2/2 transpired in this case merely on suspicion. The petitioners are the driver and the co-driver of the said vehicle but they have no knowledge about the aforesaid seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 31.03.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Maharajganj Excise P.S. Case No. 39 of 2024.

7. The application stands allowed.

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