Bam Sharma @ Bam Shankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28393 of 2020 Arising Out of PS. Case No.-607 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== Bam Sharma @ Bam Shankar Sharma, S/o Kuldeo Sharma, Resident of Mohalla- Sharma Tola, Ward No.24, Saharsa, P.S.-Saharsa Sadar, BlockKahra, District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in connection with Special (Excise) Case No. 607 of 2018 for the offence under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2016.

In the instant case total 12.255 litres of foreign liquor was seized.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that nothing was recovered from the possession or from the house of the petitioner.

Considering the fact that the petitioner has got no criminal antecedent and also the fact that nothing was recovered

Patna High Court CR. MISC. No.28393 of 2020(2) dt.15-01-2021 2/2 from the possession of the petitioner, the petitioner named above, in the event of arrest or surrender before the court below within one month from the date of receipt of a copy of this order, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II -cum- Special Judge, Excise Act, Saharsa in connection with Special (Excise) Case No. 607 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that the petitioner shall deposit Rs.15,000/- (Fifteen thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.15,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

(Anil Kumar Upadhyay, J) uday/- U T