Shiv Prasad Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25817 of 2023 Arising Out of PS. Case No.-336 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== SHIV PRASAD SHARMA S/o Shivyogi Sharma Resident of village-Bhatahi, P.S.-Jandaha, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-04-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 30(a) of the Bihar Prohibition and Excise Act registered in connection with Tajpur (Halai O.P.) P.S.Case No. 336 of 2021. As per allegation, 1680 litres of liquor was recovered from a truck and a pick up van. The petitioner has been made accused in this case merely on the allegation that his motorcycle was parked near the truck. The petitioner has no concern with that truck. He is neither driver nor owner of that truck. The learned counsel for the petitioner has submitted that the petitioner is not involved in any case of similar nature

Patna High Court CR. MISC. No.25817 of 2023(2) dt.28-04-2023 2/2 and he is in custody since 13.03.2023.

Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge (Excise) 2, Samastipur in connection with Tajpur (Halai O.P.)P.S.Case No. 336 of 2021, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

3. The learned trial court shall accept the bail bond only after verification of the criminal antecedent of the petitioner.

(Nawneet Kumar Pandey, J) HR/- U T