Pradeep Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64144 of 2022 Arising Out of PS. Case No.-162 Year-2021 Thana- LAURIA District- West Champaran ====================================================== Pradeep Sharma, S/o Suresh Sharma R/o Ward no. 7,Vill-Deurwa , P.SLauriya, West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Thakur For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-01-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Lauriya P. S. Case No. 162 of 2021, registered for the offences punishable under Sections 328, 327, 302 and 34 of the Indian Penal Code and Sections 30(a), 33 and 37(b) of Bihar Prohibition and Excise Act, 2016.

The prosecution story as emerges from the FIR is that on 09.07.2021, the husband of the informant went to the field for agricultural work and when he returned, he started vomiting. It is further alleged that he, upon repeated query, disclosed that he had consumed liquor. Thereafter, he

2/4 was taken to hospital, where he died.

Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the F.I.R. and nothing has been recovered from his conscious possession. He also submits that the name of the petitioner transpired in the confessional statement of one of the co-accused, Amresh Ram. He further submits that some of the co-accused persons have already been enlarged on bail by a Bench of this Court vide order dated 22.11.2022, passed in Cr. Misc. No. 16099 of 2022 and its analogous cases.

He further submits that the petitioner has been languishing in jail since 24.01.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in two other cases.

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

3/4 However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Judge, Excise, Bettiah, West Champaran, in connection with Lauriya P. S. Case No. 162 of 2021 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police

4/4 officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U T