Sharvan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10108 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- RAJAON District- Banka ====================================================== SHARVAN DAS S/o Bhujangi Das R/o Village- Darpa, Damodarpur, P.S.- Rajaun, Distt- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Advocate For the State :

Mr. Shalendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Rajoun P.S. Case no. 162 of 2020 registered under section 30(a) and (d)) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on information having been received, a raid was conducted. It is stated that the accused person managed to escape but from the sack abandoned by him 12.5 litres of liquor was recovered.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from the person or

Patna High Court CR. MISC. No.10108 of 2021(2) dt.15-06-2021 2/2 possession of the petitioner. He was not arrested at the spot. He is in custody since 20.5.2020.

The application for bail is opposed by learned Additional Public Prosecutor for the State who submits that the petitioner has antecedent under the Bihar Prohibition and Excise Act.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the petitioner not being arrested with the illicit liquor, the period in custody and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Rajoun P.S. Case no. 162 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 Additional Sessions Judge II, Banka.

(Partha Sarthy, J) Prakash/- U T