Ranjeet Mishra @ Saurabh Mishra @ Saurabh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21305 of 2020 Arising Out of PS. Case No.-361 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== RANJEET MISHRA @ SAURABH MISHRA @ SAURABH KUMAR MISHRA Son of Birendra Mishra. Resident of Village - Ward No.3, near Durga Chawk, P.S.- Singheshwar, Distt.- Madhepura. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-07-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Excise (Complaint) Case No.361/2019-20/Excise Act Case No. 137/20, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. It is the case of the prosecution that from the courtyard of the petitioner's house, 97.92 liters of illicit liquor was recovered. The petitioner does not dispute the fact that the petitioner resides in the house from where the recovery was made.

Learned counsel appearing on behalf of the petitioner has, however, submitted that the house is in joint possession of other members of the petitioner's family. It has been stated in paragraph 3 of the application that the petitioner

Patna High Court CR. MISC. No.21305 of 2020(3) dt.06-07-2020 2/2 has no criminal antecedent. Petitioner is in custody since 09.02.2020. He has submitted that the petitioner undertakes to ensure that he or his family members are not found indulging in such activities, while denying the allegation made in the First Information Report. He has submitted that if the petitioner is found involved in future in similar matter, this Court may consider cancelling the bail granted to the petitioner, if granted in the present case.

Considering the above submission, this application is allowed.

Let the petitioner, above named, 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 the learned Special Judge, Excise, Madhepura, in Excise (Complaint) Case No.361/2019-20/Excise Act Case No. 137/20. It is, however, observed that if the petitioner is found indulged in similar activities in future, the prosecution shall be at liberty to apply for cancellation of his bail bonds. (Chakradhari Sharan Singh, J) Pawan/- U T