Madan Sharma @ Madan Gopal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71390 of 2022 Arising Out of PS. Case No.-52 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== Madan Sharma @ Madan Gopal Sharma S/O Late Ram Prasad Sharma @ Ram Prakash Sharma R/O Mohalla- Birampur Kali Mandir, P.S.- Koilwar, District- Bhojpur (Ara) At Present Village- Bongaigaon Bhakarivita, Ward No. 06, P.S.- Bongaigaon, District- Bongaigaon, State- Assam ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Narayan Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 420, 466, 468, 471, 120(B), 34 of the Indian Penal Code and Sections 30(a), 36, 41(1) of the Bihar Prohibition & Excise Act.

There is recovery of 1916.250 litres of illicit Indian made Foreign liquor from a truck. The ownercum-driver of the truck was arrested and he confessed the name of the petitioner as one of his associates. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.71390 of 2022(2) dt.25-02-2023 2/2 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized truck or the arrested person or the recovered foreign liquor. The petitioner has been remanded in this case on 17.08.2022 and since 18.07.2022 he is languishing in custody.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 11, Muzaffarpur in connection with Maniyari P.S. Case No. 52 of 2022.

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