Patna High CourtCR. MISC./61085/2023allowed

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

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61085 of 2023 Arising Out of PS. Case No.-571 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== SHARVAN RAI @ SARWAN RAI @ SHARVAN KUMAR @ SHARVAN RAY SON OF BUTAN RAY RESIDENT OF VILLAGE- PATHARGHAT 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.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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 Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 40 liters of illegal country-made liquor from a motorcycle.

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. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. No incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.61085 of 2023(2) dt.15-09-2023 2/2 petitioner. The petitioner himself appeared before the Court below on 29.05.2023 and since then he is languishing in judicial custody.

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. 571 of 2022.

(Sunil Kumar Panwar, J) arish/- U