Brajesh Kumar Mishra @ Brijesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34495 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- KANHAULI District- Sitamarhi ====================================================== 1.

Brajesh Kumar Mishra @ Brijesh Kumar Mishra, aged about 35 years, male, S/o Ram Kishore Mishra.

2.

Arvind Kumar, aged about 19 years, male, S/o Sikandar Sahni. Both resident of Village-Orlahiya, P.S.-Kanhauli, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2020 Heard Mr. Sanjay Kumar, learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Kanhauli P.S. Case No. 75 of 2020, dated 03.08.2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears that 40 litres of locally brewed liquor was found in the motorcycle of the petitioners, whereas 133.200 litres of Nepali liquor was found near the bush where the petitioners were found standing with the

Patna High Court CR. MISC. No.34495 of 2020(2) dt.21-12-2020 2/2 motorcycle at the time of the raid.

Learned counsel for the petitioners has submitted that the recovery has wrongly been shown against them and they are in custody since 04.08.2020. They are persons of clean antecedents.

Regard being had to the nature of accusation and the period of custody of the petitioners, they are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-Cum-Special Judge, Excise Act, Sitamarhi in connection with Kanhauli P.S. Case No. 75 of 2020. (Ashutosh Kumar, J) Praveen-II/- U T