Patna High CourtCR. MISC./58506/2023allowed

Guddu Sharma v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58506 of 2023 Arising Out of PS. Case No.-167 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Guddu Sharma Son Of Ramdas Sharma @ Ram Das Sharma VillageHarakhua, Ps- Gopalganj (Town), Dist- Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 196.74 liters of country made liquor from Harkua Canal and the petitioner is said to have fled away from place of occurrence.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent as stated in

Patna High Court CR. MISC. No.58506 of 2023(2) dt.01-09-2023 2/2 para-3 of the bail petition. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his named was disclosed by local people. Moreover, he is languishing in judicial custody since 15.7.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalganj (T) P.S. Case No. 167 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge Excise-I, Gopalganj.

(Sunil Kumar Panwar, J) Amandeep/- U T