Amit Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50996 of 2019 Arising Out of PS. Case No.-29 Year-2017 Thana- KALER District- Jehanabad ====================================================== AMIT SHARMA Son of Satbir Sharma @ Satbir Singh, Resident of VillageMalar (Malhar), P.S.- Pillukhera, wrongly mentioned in FIR as Safidan, District- Jind, Haryana.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Kaler P.S. Case No. 29 of 2017 registered for offence punishable under section 30 (A) of the Bihar Prohibition and Excise Act, 2016.
A truck bearing Registration no. HR56A-6643 was intercepted and from there 12,852 litres of liquor has been recovered. The petitioner is owner of the said truck and during investigation it has come that the said liquor has been brought at the instance of Balbant Goyat of Haryana and Surendra Kumar @ Pahalwan. From the cabin, the document has been recovered from there it appears that the petitioner had given the said truck on hire for six months having no connection with the liquor which was
Patna High Court CR. MISC. No.50996 of 2019(2) dt.17-08-2019 2/2 carrying in the said truck.
Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Jehanabad in connection with Kaler P.S. Case No. 29 of 2017, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence.
The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. Whenever the Police will call the petitioner for the purpose of interrogation/investigation, he would present himself, In case of failure to appear before the Police, the prosecution will have liberty to make a prayer for cancellation of his bail before the court below.