Sunil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85030 of 2023 Arising Out of PS. Case No.-582 Year-2023 Thana- BIHPUR District- Bhagalpur ====================================================== Sunil Sharma S/o Jnardhan Sharma R/o village-Raypur, P.S. Bhawanipur O.P., District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 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 sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 34.5 litres of IMFL and 3.750 litres of country made liquor from the house of petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery. Nothing incriminating has been recovered from his conscious possession. The place of recovery is a house where

Patna High Court CR. MISC. No.85030 of 2023(2) dt.09-01-2024 2/2 several persons reside. There is no independent witness of the alleged seizure. Moreover, petitioner is languishing in judicial custody since 17.09.2023.

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 Exclusive Special Excise Judge I, Bhagalpur in connection with Bihpur (Bhawanipur) P.S. Case No. 582 of 2023.

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