Anand Sharma @ Anand Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55478 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- Sri Nagar District- Purnia ====================================================== Anand Sharma @ Anand Kumar Sharma Son of Shiv Narayan Sharma @ Mangan Sharma Resident of Village - Jageli, Ward No.- 11, Police Station - Sri Nagar, District - Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Jha, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Sri Nagar P.S. Case no. 29 of 2024, registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on information having been received and a raid being conducted, 12 litres of indian made foreign liquor was recovered from behind the house of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from his possession nor from his house. He has been falsely implicated in the case. Even as per the F.I.R and seizure list, the alleged place of recovery is

Patna High Court CR. MISC. No.55478 of 2024(2) dt.02-09-2024 2/2 behind the house of the petitioner, the place accessible to all and which can not be said to be under the exclusive control of this petitioner. The petitioner has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., the alleged place of recovery of the seized article as stated in the F.I.R and the petitioner not having antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sri Nagar P.S. Case no. 29 of 2024 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 Exclusive Special Excise Judge-I, Purnia.

(Partha Sarthy, J) Harsh/- U T