Amit Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37067 of 2021 Arising Out of PS. Case No.-150 Year-2021 Thana- SONEPUR District- Saran ====================================================== Amit Kumar Mishra S/O Sachidanand Mishra R/O Village-Urawanpur Kakarhi, P.S-Jurawanpur, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha- Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sonepur P. S. Case No.150 of 2021, instituted for the offences under Sections 30(a), 38, 40(i), 37(b)(c) of the Bihar Prohibition and Excise Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 21.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 5066.640 litres of English liquor from a truck, scooty and a motorcycle. The learned counsel for the petitioner submits that none of the vehicles belonged to the petitioner. Petitioner was

Patna High Court CR. MISC. No.37067 of 2021(3) dt.07-12-2021 2/2 apprehended from the place of occurrence merely because was standing near the said place from where recovery was made. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 21.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Excise Judge, Saran in connection with Sonepur P. S. Case No.150 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T