Patna High CourtCR. MISC./49501/2017bail granted

Dipak Sharma v. The State Of Bihar

2017-11-10Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.49501 of 2017 (3) dt.10-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49501 of 2017 Arising Out of PS.Case No. -103 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Dipak Sharma, Son of Satya Narayan Sharma, Resident of Village + P.O.- Mayna, P.S.- Rohtak Sadar, District- Rohtak (Haryana). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-11-2017 The petitioner seeks regular bail in connection with Excise Case No. 103 of 2017, arising out of Sadar Excise Case No. 9/2017, registered for offences punishable under Sections 30(A), 32(ii) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 396 litres of illicit liquor from vehicle.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and petitioner is neither owner nor driver of the vehicle from which alleged recovery was made rather he was only a passerby. Further he has no criminal antecedent and has been in judicial custody since 1.05.2017. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.49501 of 2017 (3) dt.10-11-2017 Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge cum Special Judge, Excise Act, Muzaffarpur, in connection with Excise Case No. 103 of 2017, arising out of Sadar Excise Case No. 9/2017.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T