Patna High CourtCR. MISC./68201/2023bail granted

Shambhu Sharma v. The State Of Bihar

2023-10-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68201 of 2023 Arising Out of PS. Case No.-38 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ====================================================== SHAMBHU SHARMA S/O- LAXMAN SHARMA R/O- VILLAGESITAPUR, WARD NO.- 01, P.S- KARJAIN, DIST.- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Misc. Excise Case No. 38 of 2020, arising out of Excise P.S. Case No. 38 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per prosecution, 864 litres of illicit liquor has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He is accused in Supaul P.S. Case No. 461/2023 in which he is on bail. Petitioner is in custody since 20.07.2023.

Patna High Court CR. MISC. No.68201 of 2023(2) dt.18-10-2023 2/2

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the aforesaid circumstances, this application is allowed.

7. Let the petitioner, above named, be released 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 Additional Sessions Judge-II-cum-Special Judge Excise-II, District- Supaul, in connection with Misc. Excise Case No. 38 of 2020, arising out of Excise P.S. Case No. 38 of 2020.

8. This is also subject to the condition that the petitioner shall mark his presence in Karjain Police Station, District- Supaul on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. (Sandeep Kumar, J) Ranjeet/- U T