Harikant Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6750 of 2021 Arising Out of PS. Case No.-446 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== HARIKANT SHARMA S/o Mahadev Sharma Resident of Village-Goroul, District-Vaishali, at resent Brij Kanti Bibah Bhawan, Village-Susta, P.S.- Sadar, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Dr Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-05-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Muzaffarpur P.S. Case no. 446 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on secret information having been received a raid was conducted on the farm house (marriage hall) and it is stated that two persons i.e. the petitioner and one Akhilesh Kumar were arrested and on search a total quantity of 440.640 litres of illicit liquor was recovered from a Tata Sumo vehicle which was parked in the premises. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only

Patna High Court CR. MISC. No.6750 of 2021(2) dt.24-05-2021 2/2 for the reason that he was as a guard of the premises. He has no concern with the Tata Sumo vehicle nor with the liquor which was seized from the said vehicle. He has no criminal antecedent and is in custody since 15.8.2020. His case stands on a similar footing to that of co-accused Akhilesh Kumar who has been enlarged on bail vide order dated 19.3.2021 passed in Cr. Misc. no. 2173 of 2021.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the period in custody and grant of bail to the coaccused, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Muzaffarpur P.S. Case no. 446 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur.

Prakash/- (Partha Sarthy, J) U