Ramesh Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29274 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- SUPPI District- Sitamarhi ====================================================== 1.

RAMESH MISTRI S/o Late Mukhlal Mistri R/o Village-Suppi, P.S.- Suppi,District-Sitamarhi.

2.

Ravindra Mistri Son of Mahendra Mistri R/o Village-Suppi, P.S.-Suppi, District-Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Suppi P.S. Case No. 45 of 2020, registered for the offence punishable under Sections 30(a), 44 of the Bihar Prohibition and Excise Act, 2016.

49.5 litres of Nepali Saufi wine is said to have been recovered from possession of co-accused Dinesh Mistri who disclosed that the said wine belong to these petitioners.

Patna High Court CR. MISC. No.29274 of 2020(2) dt.09-12-2020 2/2 It is submitted that petitioners have falsely been implicated in this case. Nothing has been recovered from conscious possession of these petitioners. Name of these petitioners has surfaced in this case on the basis of confessional statement of co-accused Dinesh Mistri. Petitioners have got clean antecedent as stated in para 3 of the petition. Considering the facts aforesaid, the petitioners abovenamed in the event of their arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum-Special Judge, Excise Act, Sitamarhi in connection with Suppi P.S. Case No. 45 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T