Amit Kumar Mishra @ Amit Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37476 of 2023 Arising Out of PS. Case No.-133 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== AMIT KUMAR MISHRA @ AMIT MISHRA S/O LATE RAMSHANKAR MISHRA R/O Village- Mahamadpur Shivram, P.S- Sakra, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sadar (Mabbi O.P.) P.S. Case No. 133 of 2023 dated 23.02.2023 registered for the offences punishable u/s section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 469.08 litres of foreign liquor was recovered from the car and the truck.

Patna High Court CR. MISC. No.37476 of 2023(2) dt.28-06-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither the driver nor the owner of the said vehicle. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.02.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Sadar (Mabbi O.P.) P.S. Case No. 133 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T