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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14078 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== SUDHIR MISHRA @ SUDHIR KUMAR MISHRA Son of Arvind Kumar Mishra R/v- Dwarika Nagar, P.S.- Mushari, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272, 273, 420 and 120B of the Indian Penal Code and Section 30(a), 32(i)(ii), 36, 41(i) of the Bihar Prohibition and Excise Act.

As per prosecution case, on receiving secret information, the police party started checking the vehicles and on search, there has been recovery of 427.320 liters of illegal foreign liquor from a Truck. It is further alleged that the apprehended persons delivered the wine to petitioner and other co-accused persons.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No. 14078 of 2023(2) dt.05-05-2023 2/2 committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern either with the seized truck or with the wine in question. The name of the petitioner has come into light, on the basis of confessional statement of of co-accused Bijendra Singh. No incriminating article has recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 21.01.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Bhairavsthan P.S. Case No. 05 of 2023.

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