Nitesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54307 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -JIRADEI District- SIWAN ======================================================

1. Nitesh Sharma, Son of Harilal Sharma, resident of Village- Hasua, Police Station- Nautan, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 The petitioner seeks regular bail in connection with Zeeradei P.S. Case No. 76 of 2017, registered for offences punishable under Sections 272, 273, 308 of the Indian Penal Code and Section 30/38 of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 6 litres of country made liquor.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, he has sufficiently been punished for the said offence as he has been in custody for 14.09.2017 and though he is accused in one more case of similar nature but he has been made accused in that case after arrest in the present case.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two

Patna High Court Cr.Misc. No.54307 of 2017 (2) dt.15-11-2017 2/2 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II cum Special Judge, Excise, Siwan, in connection with Zeeradei P.S. Case No. 76 of 2017, subject to the 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 cooperate 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 reasons, the prosecution is free to move for cancellation of his bail.

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