Nityanand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61206 of 2018 Arising Out of PS. Case No.-483 Year-2018 Thana- Sherghati District- Gaya ====================================================== Nityanand Sharma, Son of Late Yugal Kishore Sharma, Resident of VillageGhaghar, Police Station- Sherghati, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Mr. Ramchandra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-10-2018 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with Sherghati P.S. Case No. 483 of 2018 registered for the offence punishable under sections 272, 273, 384 and 385 of the Indian Penal Code and Section 30(a) of the Bihar Excise Prohibition Act, 2016. Learned counsel appearing for the petitioner submits that merely on confessional statement of co-accused, petitioner has falsely been implicated in this case. There is no independent witness of the occurrence. No any transaction of money occurred, hence, Section 384 and 385 of the I.P.C is not made out against this petitioner. Petitioner has no concern with liquor in question. Petitioner has clean antecedent and is in custody since 28.08.2018.

Patna High Court Cr.Misc. No.61206 of 2018(2) dt.06-10-2018 2/2 Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Gaya in connection with Sherghati P.S. Case No. 483 of 2018.

(Arvind Srivastava, J) mcv/-Sanjeev U T