Vivek Anand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55895 of 2019 Arising Out of PS. Case No.-195 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Vivek Anand Sharma Son of Late Jokhu Sharma Resident of VillageBaswariya, P.S.- Ghorasahan, District- East Champaran. 2.

Anil Kumar Son of Late Rajeshwar Prasad Kushwaha Resident of VillageBaswariya, P.S.- Ghorasahan, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 147, 149, 341, 323, 307, 333, 325, 353 of the Indian Penal Code and Sections-30(a), 41(b), 45 of the Bihar Prohibition and Excise Act.

The prosecution case in short is that in course of search, 44 litres wine was recovered. It is further alleged that the accused persons caught the collar of the informant and assaulted him, as a result of which, he sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.55895 of 2019(2) dt.03-09-2019 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 28-05-2019. Charge sheet has already been submitted. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-9th,-Special Judge, Excise, Motihari, East Champaran in connection with Ghorasahan (Jharokhar) P.S. Case No. 195 of 2019.

(Sudhir Singh, J) A.K.V.//- U T