Manish Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12952 of 2020 Arising Out of PS. Case No.-886 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

Manish Kumar Mishra Son of Chandra Bhushan Mishra Resident of VillageMukundpur, Post Office-Mukundpur, Police Station-Charpokhari, DistrictBhojpur. 2.

Nikesh Kumar Son of Awadh Bihari Ojha Resident of Village-Sakhara, Post Office-Khairhan, Police Station-Dehri, District-Rohtas. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-05-2020 Heard learned counsel appearing for the petitioners as well as learned counsel appearing for the State through video conferencing.

Petitioners seek bail in connection with Dehri (Town) P.S. Case No. 886 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The alleged recovery was made from the house of coaccused Raju Yadav. So far as petitioners are concerned, they along with others were caught at the spot. Admittedly, nothing was recovered from their conscious possession. Moreover, having similar allegation, some co-accused have already been

Patna High Court CR. MISC. No.12952 of 2020(3) dt.13-05-2020 2/2 granted privilege of bail by a co-ordinate Bench of this Court. Petitioners do not have any criminal antecedent and are languishing in jail custody since 17.12.2019. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise, Rohtas at Sasaram in connection with Dehri (Town) P.S. Case No. 886 of 2019. However, it is made clear that if the petitioners fail to make available sureties due to lockdown as well as due to prevailing situation, the concerned court shall release the petitioners provisionally on personal bond with condition that petitioners shall furnish the sureties when lockdown is over. (Hemant Kumar Srivastava, J) shahzad/- U T