Shankar Sharma @ Uttam Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75302 of 2022 Arising Out of PS. Case No.-271 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== SHANKAR SHARMA @ UTTAM SHARMA Son of Ram Balak Sharma Resident of Village - Karnojora, Kamalawari, P.S.- Raiganj, District - North Dinajpur (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhubneshwar Mahto For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Bakhari (Parihara) P.S. Case no. 271 of 2022 instituted for the offence under Sections 414 of IPC and Sections 30(a)/32 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 738 liters of wine of different category in different measurement from his possession, who is said to be the Conductor (Khalasi) of the seized vehicle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case

Patna High Court CR. MISC. No.75302 of 2022(4) dt.29-03-2023 2/3 merely on the basis of suspicion. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the place of occurrence. Petitioner is neither the owner and driver of the pick up van nor any incriminating articles have been recovered from his conscious possession. The petitioner is languishing in judicial custody since 25.08.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner is Khalasi of the seized vehicle from where the recovery has been made and also he was arrested on the spot.

The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bakhari (Parihara) P.S. Case No. 271 of 2022 on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Special Exclusive Excise Judge-cum-Additional Sessions Judge-2 Begusarai.

Patna High Court CR. MISC. No.75302 of 2022(4) dt.29-03-2023 3/3 The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the account of the concerned DLSA.

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