Sharvan Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52779 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== Sharvan Kumar Roy Son of Late Leeladhar Roy R/O Vill.- Dhariya, P.S.- Nirmali, Dist.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Andhramath P.S. Case No. 84 of 2024, registered for the offences punishable under Sections 272, 273 & 34 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per allegation, the informant, based on a confidential information, along with patrolling party reached at Nepal border and saw two unknown persons were loading sacks at their motorcycles. On seeing patrolling party, they started fleeing away but the petitioner, Shravan Kumar got apprehended. From the seized sacks, total 300 litres of Nepali liquor was recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. Nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.52779 of 2024(2) dt.05-08-2024 2/2 The petitioner is under custody since 15.05.2024.

5. On the other hand, learned APP has opposed the prayer for bail and submitted that the petitioner has criminal antecedent of three cases.

6. Considering the above-mentioned facts and circumstances, the petitioner, above-named, is directed to furnish bail bond after framing of the charges and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur in connection with Andhramath P.S. Case No. 84 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T