Shashi Kapoor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49594 of 2023 Arising Out of PS. Case No.-1035 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

SHASHI KAPOOR SON OF MITHLESH THAKUR RESIDENT OF GULARIA BIGHA, THANA - KARAY PARSHU RAI, DISTRICT - NALANDA 2.

PAPPU SHARMA SON OF SHAMBHU SHARMA RESIDENT OF TEACHERS COLONY, KUMHARAR, NEAR SHANTI MARKET, P.S. - AGAMKUAN, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anurag Anand For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of total 7 liters of illegal liquor from a Scooty, which was being driven by the petitioner no. 1. It is further alleged that there has been recovery of total 151.92 liters of illegal liquor from the flat of petitioner no. 2.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.49594 of 2023(3) dt.30-10-2023 2/3 that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating articles have been recovered from the conscious possession of these petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 25.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. The petitioner no. 1 is directed to deposit Rs. 10,000/- (ten thousand) in the account of concerned DLSA.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna/concerned Court in connection with Utpad P.S. Case No. 1035 of 2023.

8. The bail bond of the petitioner no. 1 shall be accepted by the learned Court below on showing receipt of

Patna High Court CR. MISC. No.49594 of 2023(3) dt.30-10-2023 3/3 deposit of Rs. 10,000/- (ten thousand) by the petitioner no. 1 in the account of concerned DLSA.

(Sunil Kumar Panwar, J) Arish/- U T