Patna High CourtCR. MISC./63168/2024bail granted

Sharvan Kumar Roy @ Sharvan Roy v. The State Of Bihar

2024-09-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63168 of 2024 Arising Out of PS. Case No.-136 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== Sharvan Kumar Roy @ Sharvan Roy Son of Late Leeladhar Roy VillageDighiya PS- Nirmali Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Adv.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Andhramath P.S. Case No. 136 of 2022 dated 07.09.2022 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 66.300 litres of illicit foreign liquor was recovered from the sack which was kept on the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the owner of the seized motorcycle.

Patna High Court CR. MISC. No.63168 of 2024(2) dt.04-09-2024 2/2 The petitioner is not named in the FIR. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 06.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jhanjharpur, Madhubani in connection with Andharamath P.S. Case No. 136 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T