Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51655 of 2022 Arising Out of PS. Case No.-484 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Shankar Kumar Son of Sri Arvind Singh R/V- Anjunar, P.S- Dhamaur, DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 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 Saraiya P.S. Case No. 484 of 2022 lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 read with Sections 272, 273/34 of the I.P.C.

As per the prosecution case, total recovery of 34.56 litre Indian made foreign liquor is the subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel further submits that antecedent of the petitioner is clean and he

Patna High Court CR. MISC. No.51655 of 2022(2) dt.18-11-2022 2/2 is in custody since 07.07.2022, charge sheet has already been filed in this case. Counsel further submits that the alleged recovery was made from the Scooty and he is not the owner of the Scooty rather police has apprehended him wrongly. 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 Exclusive Special Judge Excise Court No. II, Muzaffarpur in connection with Saraiya P.S. Case No. 484 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.) sadique/- U T