Vishal Kumar Mishra @ Vishal Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10036 of 2025 Arising Out of PS. Case No.-272 Year-2024 Thana- JALALPUR District- Saran ====================================================== Vishal Kumar Mishra @ Vishal Mishra S/O Shri Ram Mishra RESIDENT OF VILLAGE- KAHI, P.S.- JALALPUR, DIST.- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-03-2025 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Jalalpur P.S. Case No. 272 of 2024 registered for offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is that he is involved in doing trade of illicit liquor. During search, 14.940 litre of illicit liquor has been recovered from three vehicles.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. He further submits that the petitioner has been named in the confessional statement of co-accused Rohit Kumar Yadav. Petitioner claims clean antecedent.

5. Learned APP for the State has vehemently opposed

Patna High Court CR. MISC. No.10036 of 2025(2) dt.28-03-2025 2/2 the prayer for bail.

6. Considering the facts and circumstances of the case, this application for anticipatory bail is allowed.

7. Accordingly, let the petitioner, above-named, in the event of his arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran/concerned court below in connection with Jalalpur P.S. Case No.272 of 2024 subject to the conditions that:- i). Before accepting the bail-bonds of the petitioner, the Court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, then the bail-bonds of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), then his bail-bonds shall not be accepted by the court below.

(ii). The petitioner will mark his attendance at the Jalalpur Police Station, Saran at Chapra on every Sunday of each month. Any default in the appearance at the Police Station would result in cancellation of the bail bonds of the petitioner.

8. This application for anticipatory bail is allowed. (Sandeep Kumar, J) Shishir/- U T