Anant Ram Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1099 of 2021 Arising Out of PS. Case No.-249 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== ANANT RAM SHARMA S/o BHARTHU RAM SHARMA Resident of Village - Bash Aajam, Shahpur, P.S. - Bash Narnaud, District - Hisar, Haryana ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manindra Nath Tiwari, Advocate Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Kuchaikote P.S. Case No. 249 of 2020, registered for the offence punishable punishable under Section 30(a)/41(1) of the Bihar Prohibition and Excise Act, 2016.

1764 litres of foreign liquor has been recovered from a truck. This petitioner is owner-cum-driver of the said truck and was apprehended on the spot.

It is submitted that nothing has been recovered from conscious possession of this petitioner. Petitioner has no concern with the seized liquor and has no knowledge about the nature of consignment. Petitioner is in custody since

Patna High Court CR. MISC. No.1099 of 2021(2) dt.02-03-2021 2/2 05.07.2020 and bears clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Additional District and Sessions Judge II, Gopalganj in connection with Kuchaikote P.S. Case No. 249 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T