Patna High CourtCR. MISC./23346/2017bail granted

Deepak Sharma v. The State Of Bihar

2017-05-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23346 of 2017 Arising Out of PS.Case No. -208 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ====================================================== Deepak Sharma, Son of Bhola Sharma @ Bhola Pd. Sharma, resident of Village- (Sheo Kumari Pahar) Kahalgaon, P.S. Kahalgaon, DistrictBhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Indeshwari Prasad Mandal, Advocate. For the Opposite Party : Mr. Umanath Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 07.07.2016 in connection with Government Official Comp. P.S. Case No. 208 of 2016 for the offences instituted under Sections 53(k) of the Bihar Excise Amendment Act, 2016.

The prosecution story, in brief, is that the petitioner was caught in drunken condition and after test from breath analyzer it was found positive.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.07.2016. There is no allegation of tampering of the witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.23346 of 2017 (2) dt.23-05-2017 2/2 got no criminal antecedent. The petitioner was said to have consumed alcohol. He has remained in custody for about 10 months.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid 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 the learned C.J.M., Bhagalpur, in connection with Government Official Comp. P.S. Case No. 208 of 2016.

(Sudhir Singh, J) U.K./- U T