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Patna High CourtCR. MISC./11585/2025bail granted

Satyam @ Satyam Mishra @ Chunnu Jha @ Chunnu Mishra @ Satyam Jha v. The State Of Bihar

2025-02-21Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11585 of 2025 Arising Out of PS. Case No.-386 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== 1.

Satyam @ Satyam Mishra @ Chunnu Jha @ Chunnu Mishra @ Satyam Jha S/O Santosh Jha R/O Vill.- Rohar, P.S.- Biraul, Dist.- Darbhanga. 2.

Chhatish Mishra @ Satish Kumar Mishra S/O Santosh Jha R/O Vill.- Rohar, P.S.- Biraul, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in connection with Biraul P.S. Case No. 386 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 295.200 liters of foreign liquor was recovered from Car. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence as alleged against him and has falsely been implicated in the present case. Petitioners have no knowledge and concern

Patna High Court CR. MISC. No.11585 of 2025(2) dt.21-02-2025 2/3 with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioners. It is submitted that petitioners are neither the owner nor the driver of the seized vehicle. It is further submitted that local chowkidar disclosed the name of the petitioners. The petitioner no. 1 has no criminal antecedent and petitioner no. 2 has one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 16.12.2024 passed in Cr. Misc. No. 84905 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.11585 of 2025(2) dt.21-02-2025 3/3 learned court below where the case is pending/successor court in connection with Biraul P.S. Case No. 386 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T