Munna Sharma @ Munna Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38973 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- SIKTI District- Araria ====================================================== MUNNA SHARMA @ MUNNA KUMAR SHARMA son of Hulla @ Yogendra Sharma Resident of Village- Saidabad, Ps- Sikti, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 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 Sikti P.S Case No. 28 of 2023 dated 30.01.2023 registered for the offences punishable under Sections 341, 353, 323, 324, 504 and 186 of the IPC and sections 30(a) and 45 of the Bihar Prohibition and Excise Act. As per the prosecution case, total 102 litres of Nepali Resham Litchi liquor was recovered from the motorcycle. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.38973 of 2023(2) dt.05-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the motorcycle does not belong to the petitioner. The other co-accused person has already been granted bail by the Coordinate Bench vide order dated 15.05.2023 passed in Cr. Misc. No. 28907 of 2023. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 31.01.2023.

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, Araria in connection with Sikti P.S. Case No. 28 of 2023.

The application stands allowed.

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