Bhim Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42883 of 2017 Arising Out of PS. Case No.-124 Year-2017 Thana- KARAHGAR District- Rohtas ====================================================== Bhim Mishra, S/o Shivjee Mishra, Resident of Village- Barki Kharari, P.S.- Kargahar, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Atul Kumar Pandey For the Opposite Party/s :

Sri Amitesh Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-09-2017 Heard Sri Atul Kumar Pandey, learned counsel for the petitioner and learned Additional Public Prosecutor . The sole petitioner, who is in custody since 7.6.2017 in Kargahar P.S. Case No. 124 of 2017 registered for the offence under Section 30(a), 35 of the Bihar Prohibition And Excise Act, 2016 has prayed for grant of bail primarily on the ground that petitioner's name has surfaced on the confessional statement of one of the co- accused. He further submits that in this case recovery of huge quantity of Indian make foreign liquor was shown from Chat land of Canal and after apprehension of one of the accused he disclosed name of about 28 persons which includes the name of the petitioner . Learned counsel for the petitioner has also argued that some of the accused in similar circumstances have already been granted bail

Patna High Court Cr.Misc. No.42883 of 2017(2) dt.19-09-2017 2/2 vide Cr. Misc. No. 39294 of 2017.

Considering the nature of accusation , period of custody as well as the fact that some of the co-accused in similar circumstances have been granted bail, there is no reason to refuse the prayer for bail to the petitioner . Let the petitioner Bhim Mishra be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II - cum- Spl. Court, Excise, Rohtas, Sasaram / concerned court in connection with Kargahar P.S. Case No. 124 of 2017 .

(Rakesh Kumar, J) praful/- U T