Haresh Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50915 of 2022 Arising Out of PS. Case No.-221 Year-2022 Thana- GARKHA District- Saran ====================================================== Haresh Bharti S/O Mohan Bharti Resident of Village- Phulwariya, P.S.- Garkha, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Adv.
For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.
The petitioner seeks regular bail in connection with Garkha P.S. Case No. 221 of 2022 lodged under Sections 30(a), 37(C) of Bihar Prohibition and Excise Act.
As per the prosecution case, the total recovery of 110 litre of wine has alleged to be made from Chawar of Fulwariya near NH 72.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel submits that nothing was recovered from his possession. He submits that petitioner was not apprehended from the place
Patna High Court CR. MISC. No.50915 of 2022(2) dt.25-11-2022 2/2 of occurrence. He submits that one accused person was apprehended by the police and on his confessional statement, the name of 6 accused persons figured in this case including the present petitioner. Learned counsel submits that petitioner's antecedent is clean and he is in custody since 22.04.2022. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Judge, Excise, Saran at Chapra in connection with Garkha P.S. Case No. 221 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) prakashmani/- U T