Sharma Bhandari @ Sharavan Bhandari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38644 of 2021 Arising Out of PS. Case No.-247 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== SHARMA BHANDARI @ SHARAVAN BHANDARI Son of Deo Nath Bhandari Resident of Village - Purandah Rajwari, Police Station - Sonbarsa, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in connection with Sonbarsa P.S. Case No. 247 of 2020 registered under Sections 272, 273 and 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

36 litres illicit liquor has been recovered from the petitioner while he was on motorcycle.

Patna High Court CR. MISC. No.38644 of 2021(2) dt.14-12-2021 2/3 Having no antecedents, it is submitted by petitioner's counsel that he has falsely been implicated in this case. The seizure has been denied and disputed and it is stated that the same in not in accordance with law. Petitioner is stated to be in custody since 27.02.2021.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Special Judge, Excise Act, Sitamarhi in Sonbarsa P.S. Case No. 247 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on

Patna High Court CR. MISC. No.38644 of 2021(2) dt.14-12-2021 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T