Patna High CourtCR. MISC./42511/2021bail granted

Arjun Mishra v. The State Of Bihar

2021-10-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42511 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- ITARHI District- Buxar ====================================================== Arjun Mishra S/O Krishna Mishra R/o Dakhinav, Post and P.S.- Koransarai, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Itarhi P.S. Case No. 06 of 2021 corresponding to CIS No. 34/2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 and section 120(B) of the Indian Penal Code. Later on, section 30(D), 30(E)of the Bihar Prohibition & Excise Act and sections 420, 467, 468, 474 of the IPC 270 litres of spirit has been recovered from Maruti Swift Car.

It is submitted that name of petitioner has come on the basis of confessional statement of co-accused Ritesh Gupta before the police and no recovery has been made from

Patna High Court CR. MISC. No.42511 of 2021(2) dt.28-10-2021 2/2 conscious possession of this petitioner. Petitioner is neither owner nor driver of vehicle in question. Petitioner is in custody since 24.04.2021. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Buxar in connection with Itarhi P.S. Case No. 06 of 2021 corresponding to CIS No. 34 of 2021.

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