Patna High CourtCR. MISC./74717/2023bail granted

Munna Sharma v. The State Of Bihar

2023-11-29Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74717 of 2023 Arising Out of PS. Case No.-442 Year-2023 Thana- BYPASS District- Patna ====================================================== Munna Sharma, Son of Ram Prasad Vishwakarma Resident of mohalla - Ranipur Paijava, Mushhar Toli, P.S.- Bypass, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bypass P.S. Case No.442/2023, lodged on 17.09.2023 under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, recovery of 50 litres of country - made liquor near the hut of the petitioner is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The alleged recovery has not been made from the possession of the petitioner, rather it has been made from a public place. Apart from the present case, the petitioner is accused in two more

Patna High Court CR. MISC. No.74717 of 2023(2) dt.29-11-2023 2/2 criminal cases, in which he has been granted bail and the petitioner is in custody since 17.09.2023.

5. Learned APP for the State opposes the prayer for bail and submits that at the time of granting bail to the petitioner, this aspect must be taken into consideration that the petitioner is accused in two more criminal cases, apart from the present case.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Patna City, in connection with Bypass P.S. Case No. 442/2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Ashwini/- U T