Anil Sharma @ Jatahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54989 of 2018 Arising Out of PS. Case No.-229 Year-2018 Thana- MALSALAMI District- Patna ====================================================== Anil Sharma @ Jatahi S/o late Harinand Sharma @ late Harinandan Sharma Resident of Mohalla- Paththar Ghat, P.S. Malsalami, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr. Panchanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offence punishable under Sections 30 (a), 37 (b), 38 of Bihar Excise Amendment Act.

It is contended that, as per allegation, 60 liters of Mahua liquor was recovered from a motorcycle. It is contended that nothing has been recovered from the conscious physical possession of the petitioner. It is urged that the petitioner is in custody since 17.06.2018. It is claimed that his antecedent is clean.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.54989 of 2018(2) dt.06-10-2018 2/2 Special Judge, Excise, Patna in connection with Malsalami P.S. Case No. 229/2018 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application, i.e., 21.08.2018 then he would not be released. (Dr. Ravi Ranjan, J) V.K.Pandey/- U T