Mantan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36369 of 2020 Arising Out of PS. Case No.-164 Year-2018 Thana- HULASGANJ District- Jehanabad ====================================================== MANTAN SHARMA, aged about 24 years, Male, son of Ashok Sharma Resident of Village - Kora, Police Station - Ghoshi, District - Jehanabad. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Jharkhandi Upadhyay, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Hulashganj P.S. Case No.164 of 2018, registered for the offence under Section 30(a) of the Bihar Excise and Prohibition Act, 2016.

Allegation has been made that the Police has recovered 25 cartoon of Royal Stag Whiskey of 345 ml. and 170 pieces of Royal Stage Whiskey of 350 ml. from the house of one Prabhat Sharma and Pramod Sharma.

Learned counsel for the petitioner submits that nothing has been recovered from the house of this petitioner, inasmuch as, the person from whose house the recovery was made, has been granted anticipatory bail by this Court vide

Patna High Court CR. MISC. No.36369 of 2020(2) dt.05-02-2021 2/2 order dated 25.02.2019 passed in Criminal Miscellaneous No. 11238 of 2019. He further submits that the petitioner is in jail custody since 05.09.2020.

Looking to the period of custody as also the fact that the person from whose house the liquor was recovered, has been granted anticipatory bail by a co-ordinate Bench of this Court, let the petitioner, above-named, be released 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 the Additional Sessions Judge-II, Jehanabad, in connection with Excise Case No. 873 of 2018, arising out of Hulashganj P.S. Case No. 164 of 2018, subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner. (Shivaji Pandey, J) pawan/- U