Ranjit Sharma @ Fantus Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73019 of 2019 Arising Out of PS. Case No.-475 Year-2019 Thana- AMARPUR District- Banka ====================================================== RANJIT SHARMA @ FANTUS SHARMA Son of Late Bhagwat Sharma Resident of Village - Kushmaha, P.S.- Amarpur, Distt - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-11-2019 Instant petition under Sections 439 and 440 of Criminal Procedure Code has been moved for grant of bail in Special Excise Case N.431 of 2019 arising out of F.I.R. No. 475 of 2019 dated 1.10.2019, registered at Police Station Amarpur under Sections 30(a)/37(b) of Bihar Prohibition and Excise Act, 2016.

I have heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. I have also perused the relevant record of the case, necessary for adjudication of this petition.

It is alleged by the prosecution that the petitioner was in a drunken condition and on search of his house approximately 46 litres of wine was recovered.

On the other hand, It is submitted on behalf of the

Patna High Court CR. MISC. No.73019 of 2019(2) dt.20-11-2019 2/3 petitioner that petitioner has falsely been implicated in the present case has no connection with the seized wine nor the recovery is from his possession. Petitioner has no criminal antecedent.

Prima facie also it appears that thus far no case against the petitioner is made out indicating his complicity in the alleged crime to deny bail.

It is submitted by learned counsel for the petitioner that the petitioner has roots in the society; and is not likely to interfere in the investigation or influence any of the witnesses or destroy the evidence, as also that he is behind bars since 2.10.2019. At this stage petitioner is not required for investigation.

Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 25,000/-(Twenty five thousand) with two sureties of like amount each to the satisfaction of 2nd Additional Sessions Judge, Banka in connection with Special Excise Case N.431 of 2019 arising out of F.I.R. No. 475 of 2019, on the following conditions:- (i) That one of the bailors of the petitioner shall be his close relative.

Patna High Court CR. MISC. No.73019 of 2019(2) dt.20-11-2019 3/3 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. Any observation made herein shall not be construed to be an expression on the merits of the matter. Petition stands disposed of in the above terms. (Sanjay Karol, CJ) K.C.Jha/- U T