Subhash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64575 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- BALRAMPUR District- Katihar ====================================================== SUBHASH SHARMA Son of Nagen Sharma Resident of Village - Khetrabari Purabpara, P.S.- Karandighi, Distt - Uttar Dinajpur, (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Balrampur P.S. Case No. 101 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 21 litres of liquor from the motorcycle and one person was arrested and petitioner is said to be the owner of the motorcycle.

Submission of learned counsel for the petitioner is that FIR itself disclosed that only one person was present there, who happens to be nephew of the petitioner and petitioner was not present there and he has been made accused only because he is owner of the motorcycle.

Heard learned APP also.

In view of above facts and circumstances, let

Patna High Court CR. MISC. No.64575 of 2019(2) dt.16-10-2019 2/2 petitioner, in the event of arrest or surrender, 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 Additional Sessions Judge-II-cum-Special Judge, Katihar, in connection with Balrampur P.S. Case No. 101 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T