Patna High CourtCR. MISC./61128/2017bail granted

Binay Kumar Mishra v. The State Of Bihar

2017-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61128 of 2017 Arising Out of PS.Case No. -171 Year- 2016 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Binay Kumar Mishra, S/o Nagendra Mishra, Resident of VillageMohammadpur (Shivram), P.S.- Sakra, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mushahari P.S. Case No.171 of 2016 instituted for the offences under Sections 30(a), 36 and 38 of the Bihar Prohibition and Excise Act, 2016 and Sections 272 and 273 of the Indian Penal Code.

The allegation is regarding recovery of 153 litres of liquor from Pick Up Van being driven by the driver of the petitioner.

The learned counsel for the petitioner submits that the petitioner was neither apprehended from the spot nor any recovery

Patna High Court Cr.Misc. No.61128 of 2017 (2) dt.21-12-2017 2/2 has been made from his conscious possession and has not liable for the deeds of his driver. Learned counsel further submits that the petitioner has got a clean antecedent and is languishing in custody since 14.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that he has got a clean antecedent, I direct the petitioner named above to be released on regular 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 3rd Cum Special Judge, Excise Act, Muzaffarpur in connection with Mushahari P.S. Case No.171 of 2016.

(Mohit Kumar Shah, J) N.H./- U T