Sikandar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24036 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- PANJWARA District- Banka ====================================================== Sikandar Sharma S/o Dipu Sharma R/o village- Bhanpura, P.S.- Chausa, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Panjwara P.S. Case No. 32 of 2022 lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story is that, the recovery of 530.875 liters of foreign wine has been made from the tractor. Learned counsel for the petitioner submits that petitioner is the driver of the tractor and on the instruction of the owner he was driving the tractor and completely unaware that whatever is loaded on the tractor. He further submits that petitioner is in custody since 11.03.2022, chargesheet has

Patna High Court CR. MISC. No.24036 of 2022(2) dt.17-08-2022 2/3 already been filed in this case and petitioner having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-CumSpecial Judge, Excise Act V, Banka in connection with Panjwara P.S. Case No. 32 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.24036 of 2022(2) dt.17-08-2022 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T