Shivam Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35968 of 2021 Arising Out of PS. Case No.-58 Year-2021 Thana- DAUDPUR District- Saran ====================================================== SHIVAM KUMAR MISHRA SON OF DEVESHWAR MISHRA PERMANENT RESIDENT OF VILLAGE- BANKAT, P.S- KESHARIYA, EAST CHAMPARAN, AT PRESENT RESIDES AT ADARSH COLONY, MOHALLA SHYAMCHAK, P.S- BHAGWAN BAZAR, DIST- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra Mishra, Adv.

Mr. Uma Kant Mishra, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on search being conducted, it is stated that 260 litres of liquor was recovered from a Wagon-R car and the petitioner who was on a motorcycle going along with the car was also taken into custody. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. He has been arrested under a misunderstanding. He has no concern

Patna High Court CR. MISC. No.35968 of 2021(2) dt.09-12-2021 2/2 either with the Wagon-R car in question nor with the seized liquor. He is in custody since 17.3.2021 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the fact of the petitioner not having any criminal antecedent and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Daudpur P.S. Case no.58 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran.

(Partha Sarthy, J) Saurabh/- U T