Kunal Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35705 of 2021 Arising Out of PS. Case No.-120 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== KUNAL MISHRA Son of Ravi Shankar Mishra Resident of Village - Pirwatand, P.S. - Bokaro Thermal, District - Bokaro (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Kumar Panday For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30a/56(b) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 135 liters of foreign liquor was recovered from the Scorpio vehicle of which petitioner was the owner.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery as the vehicle in question was plying on the road on rent and he was not aware of the

Patna High Court CR. MISC. No.35705 of 2021(2) dt.14-09-2021 2/2 nature of consignment being carried by the driver of the vehicle. Petitioner claims clean antecedent. Petitioner is in custody since 21.3.2021. Investigation is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, 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 Additional Sessions Judge-II cum Special Judge, Excise Act, Gaya in Gaya Excise Police Station case no. 120 of 2021 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T