Patna High CourtCR. MISC./35766/2020bail granted

Rajiv Kumar Mishra v. The State Of Bihar

2021-01-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35766 of 2020 Arising Out of PS. Case No.-184 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Rajiv Kumar Mishra Son of Late Chandra Bhushan Mishra Resident of Santnagar Badi Edhu, P.S. Mufassil, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Sinha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Begusarai Excise Case No. 184C2 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise ACt, 2016. The allegation is regarding recovery of 283.005 liters of illicit liquor from a pit situated outside the door of the house of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in

Patna High Court CR. MISC. No.35766 of 2020(2) dt.19-01-2021 2/2 custody since 15.09.2020.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IInd-cum-Special Judge, Excise, Begusarai in connection with Begusarai Excise Case No. 184C2 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T