Rajbir Sharma @ Rajveer Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69544 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- DHANKUND District- Banka ====================================================== RAJBIR SHARMA @ RAJVEER SHARMA Son of Munna Sharma @ Munna Kumar Sharma R/V- Bichagown, P.S- Kashimbazar, Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Ranjan, Advocate :

Ms.Shweta Anand, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Special Excise Case No. 680 of 2022 arising out of Dhankund P.S. Case No. 71 of 2022, registered for the offences punishable under Section 30(a) (g) of the Bihar Prohibition and Excise Amendment Act, 2022.

The allegation is regarding recovery of 110.34 litres of illicit liquor from the boot of the car and the petitioner is stated to have been arrested from the spot.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.69544 of 2022(2) dt.09-02-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 27.07.2022. The learned counsel for the petitioner has further submitted that the petitioner is an accused in two other cases but is on bail in the said two cases. The learned counsel for the petitioner has also submitted that since the petitioner is the driver of the car in question, he was not knowing about the load being carried in the boot of the car in question.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is merely the driver of the said car in question, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named,

Patna High Court CR. MISC. No.69544 of 2022(2) dt.09-02-2023 3/3 is directed to 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 learned Additional District and Sessions Judge-II, Banka in connection with Special Excise Case No. 680 of 2022 arising out of Dhankund P.S. Case No.71 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T