Patna High CourtCR. MISC./6454/2018bail granted

Govind Kumar Sharma v. The State Of Bihar

2018-02-07Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.6454 of 2018 (2) dt.07-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6454 of 2018 Arising Out of PS.Case No. -85 Year- 2017 Thana -KORANSARAI District- BUXAR ====================================================== Govind Kumar Sharma, Son of Lal Jee Sharma, Resident of VillageKoran Sarai, P.S.- Koran Sarai, District- Buxar. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.12.2017 in connection with Koran Sarai P.S. Case No. 85 of 2017 for the offences alleged under Sections 272/273 of the Indian Penal Code and Section 47/30(a) of Bihar Prohibition and Excise Act.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of four cartons total 34.5 litres of English wine. It is submitted that recovery has not been made from the conscious possession of the petitioner and even according to the seizure list, recovery of the incriminating goods has been made behind the Panchayat Bhawan and the seized motorcycle does not also belong to the petitioner rather it belongs to one Amarendra Sharma. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.6454 of 2018 (2) dt.07-02-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J.-II cum Special Judge Excise, Buxar, in connection with Koran Sarai P.S. Case No. 85 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner 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, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself 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) Md. Ibrarul/- U T