Shiv Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14539 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -GOVINDPUR District- NAWADA ====================================================== Shiv Kumar Sharma, son of Late Munilal Sharma, resident of VillageMakanpur, P.O.- Barara, P.S.- Noorsarai, District- Nalanda (Bihar). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Deo Raj Kumar Prasad, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Govindpur P.S.Case No. 14 of 2017 registered for the offences punishable under Section 30(A) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 55 litres of foreign liquor from the vehicle in which he was traveling and he was arrested at the spot.

It has been submitted on behalf of the petitioner that nothing has been recovered from possession of the petitioner and he is in custody for more than two months having clean antecedent.

Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.14539 of 2017 (3) dt.01-05-2017 2/2 facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Govindpur P.S.Case No. 14 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U