Tarak Nath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10885 of 2018 Arising Out of PS.Case No. -437 Year- 2017 Thana -FATUHA District- PATNA ====================================================== Tarak Nath Sharma, S/o Late Lakshmi Narayan Sharma, Resident of Village- Ritudih (Telabari), P.S.- Marafari, Divandih, District- Bokaro (Jharkhand).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Fatuha P.S. Case No. 437 of 2017 registered for the offences punishable under Sections 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 8 liters of illicit liquor from a truck standing near the river.

The learned counsel for the petitioner submits that though the petitioner is the owner of the said truck, but the same was not being driven by him. It is further submitted that the petitioner is having a clean antecedent.

Considering the nature of accusation levelled against

Patna High Court Cr.Misc. No.10885 of 2018 (2) dt.27-02-2018 2/2 the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Fatuha P.S. Case No. 437 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) BTiwary/- U T