Patna High CourtCR. MISC./17325/2019bail granted

Dhiraj Kumar Mishra v. The State Of Bihar

2019-03-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17325 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== DHIRAJ KUMAR MISHRA, Son of Chandrakant Mishra, R/o Godaita, P.S.- Malangwa, District- Sarlahi (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 01.02.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the possession of the petitioner, 69 litres of illicit Nepali liquor namely, Soufi were recovered while he was crossing the India-Nepal border. It is submitted by learned counsel for the petitioner that neither the prosecution case nor the seizure memo suggest

Patna High Court CR. MISC. No.17325 of 2019(2) dt.27-03-2019 2/2 that actually from where the alleged recovery has been made. It is further submitted that the seizure memo also does not bear the signature of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Sitamarhi in connection with C2-49 of 2019.

(Dinesh Kumar Singh, J) Deepak/- U T