Amol Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25977 of 2025 Arising Out of PS. Case No.-311 Year-2024 Thana- BAISI District- Purnia ====================================================== Amol Sharma S/o Shiv Prasad Sharma Resident of Charaiya Colony, Ward no 10, PS- Baisi, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Faizan Ahmed, Advocate For the State :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Baisi P.S. Case No. 311 of 2024 for the offence registered under Sections 30(a) of the Bihar Prohibition and Excise Act lodged on 21.10.2024 by the informant Abhishek Kumar Singh.
3. As per the prosecution story, the informant alleged that on secret information that the accused persons are selling liquor from the house, raided the said place and there is recovery/seizure of 6.500 liters of country made liquor from the hut of the petitioner. This led to the FIR.
4. Learned counsel for the petitioner submits that he has no criminal antecedent, recovery/seizure is made from an open place and not from his conscious possession, he is ready to
Patna High Court CR. MISC. No.25977 of 2025(2) dt.15-05-2025 2/3 face the trial.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail and submits that the chowkidar has identified the petitioner.
6. Considering the submissions of the parties as also that the fact that he do not have criminal antecedent and recovery is from an open place, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrnender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Court No.1, Purnea in connection with Baisi P.S. Case No. 311 of 2024 subject to condition as laid down under Section 438 (2) of the Cr.P.C. (i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show is bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No.25977 of 2025(2) dt.15-05-2025 3/3 bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) priyanka/- U T