Patna High CourtCR. MISC./62799/2023bail granted

Bipin Kumar Sharma v. The State Of Bihar

2023-10-16Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62799 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Bipin Kumar Sharma Aged about 48 Son Of Shivnath Mistri, resident of Village -Rahui, Ps- Rahui, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Satish Kumar, learned counsel appearing on behalf of the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sheikhopur Sarai P.S. Case No. 41 of 2023 registered for the offence punishable under Sections 30 (a), 32 (11), 41 (1) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 12 bottles of Indian made foreign liquor each measuring 750 ml.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has

Patna High Court CR. MISC. No.62799 of 2023(2) dt.16-10-2023 2/3 no concern with the alleged seized liquor nor he is involved in trade of illicit liquor. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner in the FIR. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged seized liquor nor he is involved in trade of illicit liquor. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Speical Excise Judge Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 41 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The Court below is directed to verify the

Patna High Court CR. MISC. No.62799 of 2023(2) dt.16-10-2023 3/3 criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically. (Purnendu Singh, J) Niraj/- U