Patna High CourtCR. MISC./49044/2023bail granted

Raja Kumar Sharma @ Raj Kumar Sharma v. The State Of Bihar

2023-07-31Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49044 of 2023 Arising Out of PS. Case No.-1077 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== RAJA KUMAR SHARMA @ RAJ KUMAR SHARMA SON OF ROHIT SHARMA @ ROHIN SHARMA R/O - TRIBHUWAN TOLA, P.S. - MUFFASIL, DISTT. - KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. Allegation is of recovery of 6.480 litres of liquor from Tribhuwan Tola which was kept in a godown.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on suspicion. It is further submitted that even the alleged recovery is from a place which is accessible to

Patna High Court CR. MISC. No.49044 of 2023(2) dt.31-07-2023 2/2 public at large.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khagaria (Mufassil) P.S. Case No. 1077 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T