Brajesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13727 of 2017 Arising Out of PS.Case No. -354 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Brajesh Sharma son of Jairam Sharma, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Roshan Kumar Mishra, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Sections 47(a)/48(2)/54/63 of the Bihar Excise (Amendment) Act, 2016.

From the truck of the petitioner country-made liquor was recovered on 08.09.2016.

Submission is that petitioner had no knowledge as to what the driver had loaded on the truck without permission of the petitioner.

Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt

Patna High Court Cr.Misc. No.13727 of 2017 (2) dt.24-03-2017 2/2 of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati/Successor Court in connection with Barachatti Police Station Case No.354 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioner shall file undertaking at the time of furnishing of the bail-bond before the Court-below that he would not indulge himself in such activity otherwise the Court below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case. (Birendra Kumar, J) Mkr./- U T