Saroj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63924 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- SAKATPUR District- Darbhanga ====================================================== 1.

Saroj Sharma Son Of Durga Nand Sharma @ Durgananda Sharma Resident Of Village- Jaydev Patti, Ps- Ghanshyampur, Distt- Darbhanga 2.

Vikas Kumar @ Vikas Kumar Sharma Son Of Yoga Nand Sharma Resident Of Village- Jaydev Patti, Ps- Ghanshyampur, Distt- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under section 30(A) of the Bihar Prohibition & Excise Act.

Prosecution case relates to recovery of 207 liters of illicit liquor from a motorcycle bearing Registration No. MH01VA7996 and the petitioners are said to have been apprehend on spot with the seized vehicle.

Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case. They have got no criminal antecedent. Petitioners have no

Patna High Court CR. MISC. No.63924 of 2023(2) dt.11-10-2023 2/2 concern with the alleged recovery or with the vehicle in question. No any incriminating article has been recovered from their possession. Moreover, the petitioners are languishing in judicial custody since 6.7.2023.

The petitioners are directed to deposit a sum of Rs 10,000/- (Ten Thousand) each in the District Legal Services Authority of concerned District.

Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sakatpur P.S. Case No. 61 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 Exclusive Spl Judge-II, Excise Act, Darbhanga. The bail bonds of the petitioners shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by each petitioner in the account of the concerned DLSA.

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