Satyendra Kumar Sharma @ Satendra Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53192 of 2016 Arising Out of PS.Case No. -432 Year- 2016 Thana -Dehri-on-sone District- SASARAM (ROHTAS) ====================================================== Satyendra Kumar Sharma @ Satendra Kumar Sharma, S/o Sri Prabhudayal Sharma, R/o Vill. Islamganj, P.S. Dehri, District - Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dehri (T) P.S. Case No. 432 of 2016 registered under Sections 272, 273, 34 of the Indian Penal Code and 47(a), 47, 50 of the Bihar Excise (Amendment) Act.

The accusation is that in course of checking of vehicle by the Police, two motorcycles were seen in running very speed. On seeing the Police Party, the motorcycle riders started fleeing leaving both motorcycles. The nearby public disclosed the names of 4 persons, including the petitioner, who succeeded to flee away. On search of both motorcycles, bearing no. BR 26L/2005(Pulsar), 350 bottles, each containing 200 ml., and another motorcycle bearing no. BR 24J/5442 (Apache), 200

Patna High Court Cr.Misc. No.53192 of 2016 (2) dt.08-12-2016 2/3 bottles, each containing 200 ml., country-made liquor were recovered.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the motorcycle, bearing Registration No. BR 24J/5442, belongs to the petitioner, was apprehended by the Police on checking the vehicle and on asking the original paper of the vehicle, he produced the photocopy. Thereafter, petitioner was directed to bring original paper, but later on, he came to know that he has been implicated in the case with false allegation of carrying 200 bottles, each containing 200 ml. of country-made liquor in a gunny bag. Further submission is that petitioner is only accused in Dehri P.S. Case No. 180 of 2016 instituted under sections 323, 341, 506 and 504/34 of the I.P.C., in which he is on bail, which is lodged by his gotia.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Dehri-on-sone (Rohtas) in connection with Dehri (T) P.S. Case No. 432 of

Patna High Court Cr.Misc. No.53192 of 2016 (2) dt.08-12-2016 3/3 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T