Patna High CourtCR. MISC./62904/2023allowed

Raju Sharma @ Raju Kumar Sharma v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62904 of 2023 Arising Out of PS. Case No.-206 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== RAJU SHARMA @ RAJU KUMAR SHARMA son of Late Maheshwar Sharma Village- Chaksaid Ps- Rajapakar Baranti OP Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 807.120 liters of illegal IMFL from a hut.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. The name of the petitioner has come into light on the basis of confessional statement of co-accused Pramod Kumar Paswan, which has got no evidentiary value in the eyes of law. He submitted that the petitioner has no concern with the seized

Patna High Court CR. MISC. No.62904 of 2023(2) dt.22-09-2023 2/2 liquor. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 30.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Rajapakar P.S. Case No. 206 of 2023.

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