Sumant Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68710 of 2018 Arising Out of PS. Case No.-401 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Sumant Kumar Mishra, son of Sri Pramod Kumar Mishra, resident of villageMaksudpur, P.S.-Minapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 26-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Minapur P.S. Case No.401 of 2018 instituted for the offence under Section(s) 30(a), 38, 41, 47 of Bihar Prohibition and Excise Act, 2016.

Counsel for the petitioner submits that as per seizure list alleged recovery is made from the house of Ajay Rai. Allegation against petitioner is that he was found running away on seeing the police from the house of Ajay Rai. From the seizure list, it is apparent that there is no recovery of illicit liquor from conscious possession of the petitioner.

Petitioner is in custody since 24.09.2018 having clean antecedents.

Patna High Court Cr.Misc. No.68710 of 2018(2) dt.26-11-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Muzaffarpur, in connection with Minapur P.S. Case No.401 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T