Surendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63709 of 2017 Arising Out of PS.Case No. -722 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Surendra Sharma S/o Shro Nandan Sharma, R/o Village- Bhagwati, P.S.- Barachatti, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mrs. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barachatti P.S. Case No. 722 of 2017 instituted for the offences under Sections 30(a), 38, 47 and 30(d) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that while he was driving auto rickshaw, the Police had apprehended the said auto rickshaw and 160 kgs. Mahua flower was recovered. The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case and he has a clean antecedent. It is submitted that the petitioner is in custody since 17.11.2017.

Considering the nature of accusation, the period of

Patna High Court Cr.Misc. No.63709 of 2017 (2) dt.18-01-2018 2/2 custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Barachatti P.S. Case No. 722 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T