Deepu Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27256 of 2017 Arising Out of PS.Case No. -232 Year- 2017 Thana -BARACHATTI District- GAYA ====================================================== Deepu Kumar Sharma, S/o Sunil Sharma, Resident of Village- Rajpur, P.S.- Rajpur, District- Rohtas (Sasaram).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Barachatti P.S. Case No. 232 of 2017 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that during patrolling duty, vehicle of the petitioner was searched and from the said vehicle 300 liters of country made wine was recovered. The vehicle was boarded by the petitioner along other co-accused. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.27256 of 2017 (3) dt.27-07-2017 2/2 petitioner that he is in custody since 04.05.2017, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that another co-accused apprehended along with the petitioner has since been granted the privilege of bail in Cr. Misc. No. 31867 of 2017 on 13.07.2017.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named 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 Special Judge, Excise, Gaya in connection with Barachatti P.S. Case No. 232 of 2017, subject to the condition if, in future, petitioner indulges in similar nature of offence, the prosecution will be at liberty to move before the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T