Sujit Sharma @ Sujeet Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5502 of 2017 Arising Out of PS.Case No. -315 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictGOPALGANJ ======================================================
1. Sujit Sharma @ Sujeet Sharma, son of Sri Ram Ashish Sharma, Resident of Village- Narayanpur, P.S.- Pataherawa, District- Kushinagar (U.P.).
2. Vikash Rai, son of Sri Rajendra Rai, Resident of Village- Bhalua Takeya, P.S.- Pataherawa, District- Kushinagar (U.P.). .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Binay Kant Many Tripati, Mr. Ajay Kumar Mishra Ms. Asita, Advocates For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody since 23.10.2016 in connection with Excise Case No. 315 of 2016 for the offences alleged under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. It is submitted that the petitioners have been falsely implicated as recovery of 93 litres of foreign liquor from their possession is denied. The petitioners claim clean antecedents.
4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate Gopalganj in connection with Excise Case No. 315 of 2016 with the following conditions:
Patna High Court Cr.Misc. No.5502 of 2017 (2) dt.10-02-2017 2/2 (i) That one of the bailors of each of the petitioners shall be their close relative other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) B.T/- U T