Nishant Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14731 of 2019 Arising Out of PS. Case No.-266 Year-2018 Thana- LADANIA District- Madhubani ====================================================== Nishant Kumar Mishara, Sex-M, Age 21 years, S/o Late Yogendra Mishra @ Bhogendra Mishra, Resident of Village- Ghanghour, P.S.- Babubarhi, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Let the defect (s) as pointed out by the Stamp Reporter be ignored.

Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, 414 of the I.P.C. and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 3000 bottles of Nepali Saufi Wine each containing 300 m.l., one car and three motorcycles from the place of occurrence.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. It has further been submitted

Patna High Court CR. MISC. No.14731 of 2019(2) dt.11-03-2019 2/2 that nothing was recovered from the possession of the petitioner. Petitioner was not arrested from place of occurrence. Real culprits fled away in Nepal. Petitioner has no criminal antecedent and he is in custody since 14.12.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ladaniya P.S. Case No.266/2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T