Munna Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12462 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== 1.
MUNNA SHARMA AND ORS Son of Ajay Sharma Resident of VillageNandana, P.S.- Ghoshi, District- Jehanabad 2.
Ribu Kumar Son of Vikash Kumar @ Vikash Sharma Resident of VillageNandana, P.S.- Ghoshi, District- Jehanabad 3.
Kanhaiya Nirala Son of Uday Sharma Resident of Village- Nandana, P.S.- Ghoshi, District- Jehanabad.
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners, who are in custody, seek bail in connection with Ghosi P.S. Case No. 22 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
Allegation is of recovery of 58 litres of foreign liquor from the cabin of Munna Singh and rest petitioners started fleeing away but after chase they were apprehended by the police.
It has been submitted on behalf of the petitioners
Patna High Court CR. MISC. No.12462 of 2019(2) dt.06-03-2019 2/2 that petitioners are innocent and have been falsely implicated in this case. Nothing was recovered from their possession. Petitioners have no criminal antecedent and they are in custody since 21.01.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Sessions Judge-II cum-special Judge, Excise, Jehanabad, in connection with Ghosi P.S. Case No. 22 of 2019 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.
(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.
(S. Kumar, J) veena/- U T