Subhash Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.10619 of 2017 (2) dt.21-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10619 of 2017 Arising Out of PS.Case No. -453 Year- 2016 Thana -BIHPUR District- BHAGALPUR ====================================================== Subhash Sharma Son of Ganesh Sharma, Resident of Village- Raipur, P.S. Bihpur (Bhawanipur), District- Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Bihpur (Bhwanipur) P.S. Case No. 453 of 2016 registered for the offences punishable under Sections 30 and 38 of Bihar Excise (Amendment) Act, 2016.

Allegedly, from possession of the petitioner 31 bottles of High Speed whisky each containing 750 ml. foreign liquor was recovered.

Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner and without any fault he is suffering in custody since 31.12.2016. In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.10619 of 2017 (2) dt.21-03-2017 thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Naugachia, Bhagalpur in connection with Bihpur (Bhawanipur) P.S. Case No. 453 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T