Jitendra Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38327 of 2017 Arising Out of PS. Case No.-106 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Jitendra Kumar Sharma, Son of Late Phirangi Sharma, Resident of Village/Mohalla- Pankha Toli, P.S.- Kazi Mohamadpur, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Smt. Jyotsna Rani Mishra For the Opposite Party/s :

Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Smt. Jyotsna Rani Mishra, learned counsel for the petitioner and Sri Vinod Shankar Modi, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in Excise Case No. 106 of 2017 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that in the case allegedly about eight liters of Indian make foreign liquor was recovered from a hut, which was made on Government land and only on suspicion petitioner has been made accused, whereas, fact remains that petitioner is doing business of furniture. Learned counsel for the petitioner has

Patna High Court Cr.Misc. No.38327 of 2017(4) dt.17-10-2017 2/2 also referred to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent. Considering the nature of accusation as well as clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Jitendra Kumar Sharma be enlarged 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 learned 3rd Addl. Sessions Judge - cum- Spl. Judge Excise, Muzaffarpur/ concerned court in connection with Excise Case No. 106 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 .

(Rakesh Kumar, J) praful/- U T