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Patna High CourtCR. MISC./33289/2019bail granted

Manu Mishra @ Mannu Mishra v. The State Of Bihar

2019-05-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33289 of 2019 Arising Out of PS. Case No.-202 Year-2019 Thana- BUXAR District- Buxar ====================================================== MANU MISHRA @ MANNU MISHRA Son of Deenanath Mishra Resident of Village - Civil Line Buxar, P.S.- Buxar (Town), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30 (a), 37 (2) of Bihar Excise (Amendment) Act, 2018.

1.800 liters foreign liquor is said to have been recovered from the possession of the petitioner. He is said to have purchased the said liquor from one Firoj Paswan and on his disclosure 252.180 liters foreign liquor was recovered from the house of Firoj Paswan.

It is submitted by the learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no

Patna High Court CR. MISC. No.33289 of 2019(3) dt.21-05-2019 2/2 concern with the seized liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. He had not made any disclosure and no liquor was recovered on the basis of his disclosure. After completion of the investigation police has submitted charge-sheet in the case. Petitioner has been languishing in judicial custody since 12.3.2019. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, the above named petitioner 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 2nd Additional Sessions Judge-cum-Special Judge Excise, Buxar in connection with Buxar (Town) P.S. Case No. 202 of 2019. (Prakash Chandra Jaiswal, J) T.Kr./- U T