Patna High CourtCR. MISC./54880/2023allowed

Sharvan Rai @ Sarwan Rai @ Sharvan Kumar v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54880 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== SHARVAN RAI @ SARWAN RAI @ SHARVAN KUMAR SON OF BUTAN RAY RESIDENT OF VILLAGE- PATGHARGHAT, NEW HARDASPUR TOLA, PS- PATORI (MOHANPUR OP.), DISTSAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 30 liters of illegal country-made liquor near the bank of Ganga river.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. On the basis of suspicion and due to his criminal antecedents, he

Patna High Court CR. MISC. No.54880 of 2023(2) dt.29-08-2023 2/2 has been implicated in the present case. He submitted that the petitioner has no concern with the seized wine and the place of occurrence does not belongs to the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 29.05.2023.

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

6. 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 petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Shahpur Patori P.S. Case No. 194 of 2022.

(Sunil Kumar Panwar, J) arish/- U