Saroj Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18842 of 2021 Arising Out of PS. Case No.-125 Year-2020 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== SAROJ MISHRA Son of Kamlu Mishra R/o Village- Pattitol, P.S.- Bhairavsthan, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Thakur For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office.

The petitioner is/are apprehending his/their arrest in connection with Bhairavsthan P.S. Case No. 125 of 2020 for the offence registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution case in brief is that huge quantity of liquor was recovered from the car bearing Registration No. UP16CT0458. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the present

Patna High Court CR. MISC. No.18842 of 2021(2) dt.15-12-2021 2/2 case due to ulterior motive. It is further submitted that nothing has been recovered from the conscious and constructive possession of the petitioner. It is further submitted that the alleged car belongs to coaccused, namely, Radheshayam Mishra. It is further submitted that name of the petitioner came into light on the confessional statement of co-accused, Radheshayam Mishra, which has no evidentiary value. Petitioner has no criminal antecedent and the petitioner was not apprehended on the spot.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his/their arrest/surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II cum Special Judge (Excise) Madhubani in connection with Bhairavsthan P.S. Case No. 125 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Sunil Kumar Panwar, J) Jagdish/- U T