Patna High CourtCR. MISC./63264/2023allowed

Indrajeet Sharma v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63264 of 2023 Arising Out of PS. Case No.-487 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Indrajeet Sharma Son Of Ishwarchandra Resident Of House No. 68, Dakshinpur, Ward No. 10, Ps- Ambedkar Nagar, Dist- South Delhi (Delhi) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raghwendra Pratap Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 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 sections 414, 467, 468 of the Indian Penal Code and sections 30(a), 47 of the Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of 2627 illicit liquor from a DCM Truck bearing Registration No. UP37T-1127 and the petitioner is said to be driver of the vehicle.

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. Petitioner has no concern with the alleged recovery of illicit liquor. No any

Patna High Court CR. MISC. No.63264 of 2023(3) dt.28-11-2023 2/2 incriminating article has been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 14.7.2023.

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

6. The petitioner, being driver of the vehicle is directed to deposit a sum of Rs 30,000/- (Thirty Thousand) in the District Legal Services Authority of concerned District.

7. Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mohania P.S. Case No. 487 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise No.1-cum-ADJ-IV, Kamur at Bhabhua.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 30,000/- (Rs. Thirty thousand) by the petitioner in the account of the concerned DLSA.

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