Sanjay Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.20758 of 2016 (2) dt.17-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20758 of 2016 Arising Out of PS.Case No. -127 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Sanjay Sharma, Son of Late Chandrika Sharma, Resident of VillageBalhma, P.S.- Daudnagar, District- Aurangabad, At present resident of Mohalla- Sri Krishna Nagar, Ahri, Chandralok Bhawan, P.S. - Aurangabad Town, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate. For the Opposite Party/s : Ms R Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Aurangabad Town P.S. Case No. 127 of 2016 registered under Sections 272 and 273 of the Indian Penal Code and Section 47 of the Bihar Excise (Amendment) Act, 2016.

The accusation is of recovery of 140 bottles, each containing one litre, from the house of the petitioner. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the case due to ulterior motive. In fact the house in question is in joint occupation with

Patna High Court Cr.Misc. No.20758 of 2016 (2) dt.17-05-2016 three brothers of petitioner and Nilesh Sharma, nephew, is also used to reside, who had licensed bearing License No. 139 of 15-15 to sale the liquor. Further submission is that petitioner has no criminal antecedent and is in custody since 14.04.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad P.S. Case No. 127 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T