Patna High CourtCR. MISC./86404/2024bail granted

Brijesh Sharma @ Bijesh Sharma v. The State Of Bihar

2025-01-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86423 of 2024 Arising Out of PS. Case No.-272 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Rajesh Sah Son of Late Madan Sah Resident of Village - Basantpur, P.S.- Kundwa Chainpur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kotwa P.S. Case No. 272 of 2024 dated 29.09.2024 registered for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 3.240 litres of foreign liquor was recovered from the Tata Magic and the dickey of the motorcycle which was loaded on the Tata Magic vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the driver nor the owner of

Patna High Court CR. MISC. No.86423 of 2024(2) dt.15-01-2025 2/2 the said vehicles. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 30.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with in connection with Kotwa P.S. Case No. 272 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T