Sharwan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67553 of 2023 Arising Out of PS. Case No.-223 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== SHARWAN PANDIT Son of Jahuran Pandit R/o vill - Kudarkat, P.S. - Chhauradano, Distt. - East Champaran, Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per FIR, prosecution case relates to recovery of 366 liters of illicit liquor from sacks and the petitioner along with others are alleged to have been indulged in trade of liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.67553 of 2023(2) dt.31-10-2023 2/2 place of occurrence. No any incriminating article has been recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 9.7.2023. Similarly situated other co-accused persons have already been granted by a co-ordinate Bench of this court vide order dt. 13.10.2023 passed in Cr. Misc. no. 66148 of 2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chhaurandano P.S. Case No. 223 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 Special Excise Court No.2, East Champaran at Motihari.

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