Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 57026 of 2022 Arising Out of PS. Case No.-291 Year-2022 Thana- PALIGANJ District- Patna ====================================================== Shankar Prasad S/O Late Buttan Sao @ Butan Saw Resident of village- Milki, P.S.- Paliganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Sharma, Adv.

For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 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 Paliganj P.S. Case No. 291 of 2022 lodged under Sections 30(a)/33/35/36/41(1) of the Bihar Prohbition and Excise Act and under Sections 3/5/13 of Mahua Flowers Act, 2006. As per the prosecution case, total recovery of 180.75 liter of foreign wine, 130 kg of java mahua and 400 kg gud has been made, which is subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 11.07.2022 having

Patna High Court CR. MISC. No. 57026 of 2022(2) dt.02-12-2022 2/2 clean antecedent. Charge-sheet has already been filed in this case. Learned counsel for the petitioner submits that petitioner was not apprehended from the place of occurrence. Learned counsel for the petitioner submits that the other co-accused persons have been granted bail on 21.10.2022 passed Cr. Misc. No. 55715 of 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 Special Excise Judge Danapur (Patna) in Special Excise case no. 1042 of 2022, in connection with Paliganj P.S. Case No. 291 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.) ashishsingh/- U T