Shankar Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75537 of 2018 Arising Out of PS. Case No.-401 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ======================================================

1. Shankar Sharma, Son of Siya Saran Sharma, Resident of Village- Noama, Police Station- Shakurabad, DistrictJehanabad.

2. Rajiv Sharma, Son of Surendra Sharma, resident of VillageAira, (Aiyara), Police Station- Shakurabad, District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjeev Ranjan For the Opposite Party/s :

Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Makhdumpur P.S. Case No. 401 of 2018 (Excise Case No. 1073/2018) registered for the offence punishable under Section 30(a)(c) of the Bihar Prohibition and Excise Act, 2016 and Section 420, 467, 471 and 120B of the Indian Penal Code.

Allegation against petitioners is of recovery of 225 litres of foreign liquor from Tavera.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this

Patna High Court Cr.Misc. No.75537 of 2018(2) dt.18-12-2018 2/2 case. Petitioner No. 1 has no criminal antecedent and petitioner No. 2 has one another case.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Jehanabad, in connection with Makhdumpur P.S. Case No. 401 of 2018 (Excise Case No. 1073/2018) subject to the conditions that:- subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T