Jai Prakash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2175 of 2021 Arising Out of PS. Case No.-183 Year-2017 Thana- NAVINAGAR District- Aurangabad ====================================================== Jai Prakash Sharma Late Sheo Kumar Sharma Resident of Raigarh, Shahid Chauk, P.S.-Kharasia, District-Raigarh (Chhatisgarh). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 27 litres of country made liquor from a bag kept on a motorcycle. The petitioner is

Patna High Court CR. MISC. No.2175 of 2021(3) dt.21-12-2021 2/3 said to be the owner of the alleged motorcycle. It is submitted by learned counsel for the petitioner that although the petitioner is the first owner of the motorcycle in question but much before the seizure, the petitioner has sold the alleged motorcycle to on Raju Chauhan on 28.12.2011. A document to that effect has been brought on record as Annexure-2. Moreover, the motorcycle in question was stolen away on 28.12.2011, for which the second owner Raju Chauhan has lodged a Sanha on 03.01.2012. A typed copy of the Sanha has been brought on record as Annexure-3 of the petition. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.2175 of 2021(3) dt.21-12-2021 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIIcum-Special Judge, Excise, Aurangabad in connection with Nabinagar P.S. Case No. 183 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T