Santosh Sharma @ Chhotelal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82173 of 2023 Arising Out of PS. Case No.-428 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Santosh Sharma @ Chhotelal Sharma S/O Late Arjun Sharma Resident Of Sumeri Tola Village Laxmipur, P.O.- Khajaraitha, P.S.- Parbatta, Distt.- Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Sager Sharma, Advocate For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Parbatta P.S. Case No. 428/2023 lodged on 15.09.2023 under Sections 30(a) and 30(f) of the Bihar Excise and Prohibition (Amendment) Act, 2022.

3. As per the prosecution case, the total recovery of 74.5 litres codeine syrup 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 syrup contains less than the small quantity. The petitioner is accused in two more criminal cases which does not belong to

Patna High Court CR. MISC. No.82173 of 2023(3) dt.07-03-2024 2/2 the NDPS and Excise Act and he is in custody since 16.09.2023. Moreover, the chargesheet has already been filed.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Special Excise Judge-II, Khagaria, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

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