Sachitanand Sharma @ Sachidanand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47406 of 2017 Arising Out of PS.Case No. -231 Year- 2017 Thana -RAMKRISHNANAGAR District- PATNA ======================================================

1. Sachitanand Sharma @ Sachidanand Sharma, Son of Late Shyam Narain Singh @ Shyam Narain Sharma, Resident of Village- Pariyama, P.S.- Ghoshi, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Spl. Case No.5104 of 2017 arising out of Ram Krishna Nagar P.S.Case No.231 of 2017, registered for offences punishable under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 62 ltrs. of liquor from the vehicle and it is said that the petitioner is owner of the said vehicle.

Submission of the learned counsel for the petitioner is that the petitioner has already sold the vehicle to some other persons and after coming to know about the seizure of the vehicle, he himself surrendered and he is in custody for more than a month.

He has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sp. Judge, Excise, Patna in connection with Krishna Nagar P.S.Case No.231 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

(iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T