Chhote Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71086 of 2021 Arising Out of PS. Case No.-122 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== Chhote Sharma S/o - Late Nirdhan Sharma R/o- Village - Haripur, P.S. - Gaighat, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Ms.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Gaighat P.S. Case No. 122 of 2021, registered for the offence punishable punishable under Sections 30(a), 36, 41(1)of the Bihar Prohibition and Excise Act.

30 litres of spirit has been recovered from one Scorpio vehicle of which this petitioner is alleged to be co-passenger. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was seen fleeing away from the vehicle. Petitioner is neither driver nor owner of vehicle in question and has got no concern with the seized liquor. Petitioner is in custody since 05.10.2021 having no criminal antecedent, as stated in para 3 of the petition.

Patna High Court CR. MISC. No.71086 of 2021(2) dt.08-03-2022 2/2 Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Muzaffarpur in connection with Gaighat P.S. Case No. 122 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T