Raju Mishra @ Raj Kishore Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11171 of 2020 Arising Out of PS. Case No.-116 Year-2019 Thana- ANGARGHAT District- Samastipur ====================================================== RAJU MISHRA @ RAJ KISHORE MISHRA, Son of Krishna Nand Mishra, Resident of Village - Sahpur Parohi, P.S.- Bibhutipur, Distt - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-06-2020 This case has been heard through Video Conferencing.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30 (a), 37 (c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner. Rather, there is recovery of 360 ml. of foreign liquor from the motorcycle. He submits that the whole allegation alleged against the petitioner is false, concocted and imaginary in nature. Learned APP for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.1,000/-

Patna High Court CR. MISC. No.11171 of 2020(2) dt.11-06-2020 2/2 (Rupees one Thousand) in the PM Cares Fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd-cum-Special Judge, Excise, Samastipur, in connection with Angarghat P.S. Case No. 116 of 2019, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.1,000/- (Rupees one Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) amitkumar/- U T