Patna High CourtCR. MISC./74023/2023bail granted

Vishwanath Sarkar v. The State Of Bihar

2023-11-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74023 of 2023 Arising Out of PS. Case No.-432 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== VISHWANATH SARKAR Son of Chandi Sarkar Resident of Village - Silligudi, Champa, Nagani (Dawanikattha), P.S. - Pradhan Nagar, District - Darjiling (W.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Phulparas P.S. Case No. 432 of 2023 registered for the offence under Sections 30(a) Bihar Prohibition & Excise Act.

3. As per the prosecution case, 909 liters of foreign liquor has been recovered from the vehicle in question.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner claims clean antecedent and he is in custody since 18.08.2023. He further submits that petitioner is ready to donate Rs.50,000/- (Rupees Fifty Thousand Only) in some charitable organization without accepting the allegation.

Patna High Court CR. MISC. No.74023 of 2023(2) dt.29-11-2023 2/2

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts, this application for regular bail 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 learned Special Judge, Excise Act, Jhanjharpur, Madhubani/concerned court below in connection with Phulparas P.S. Case No. 432 of 2023 subject to the condition that:- The petitioner shall deposit an amount of Rs.50,000/- (Rupees Fifty Thousand Only) in Ramkrishna Mission Ashrama, Purnia and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner. (Sandeep Kumar, J) Shishir/- U T