Patna High CourtCR. MISC./3873/2024allowed

Sharwan Kumar v. The State Of Bihar

2024-02-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3873 of 2024 Arising Out of PS. Case No.-2071 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== Sharwan Kumar Son Of Karu Manjhi Resident Of Village - Bhagwanpur, P.S. - Mohanpur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 47 litres of illicit Indian made foreign liquor from an auto-rickshaw.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was only a passenger in the auto-rickshaw and

Patna High Court CR. MISC. No.3873 of 2024(2) dt.01-02-2024 2/2 has no concern either with the seized auto-rickshaw or the illicit liquor. The petitioner is languishing in custody since 03.12.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No. 3, Gaya in connection with Excise Case No. 2071/2023.

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