Amardeep Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83508 of 2023 Arising Out of PS. Case No.-518 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Amardeep Sharma Son Of Chandra Bhushan Sharma @ Chandra Bhushan R/O Vill - Vijay Vihar House No. 117, E- Block, P.S. - Vijay Vihar, Distt. Delhi ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Dubey For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under section 420 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 310.5 litres of IMFL from a car bearing Reg. No. BR-01DF6209. Petitioner is alleged to have been driving the aforesaid car.
Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.83508 of 2023(2) dt.05-01-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery. Nothing incriminating article has been recovered from his conscious possession. There is no independent witness of the alleged seizure. It is further submitted that petitioner is owner-cum-driver of the seized car. Moreover, he is languishing in judicial custody since 10.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and
Patna High Court CR. MISC. No.83508 of 2023(2) dt.05-01-2024 3/3 Session Judge IV-cum-Special Judge Excise Court No. II, Gopalganj in connection with Kuchaikote P.S. Case No. 518 of 2023.
(Sunil Kumar Panwar, J) Nirajkrs/- U T