Patna High CourtCR. MISC./4168/2017allowed

Kanhaiya Mishra v. The State Of Bihar

2017-05-15Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.4168 of 2017 (6) dt.15-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4168 of 2017 Arising Out of PS.Case No. -207 Year- 2016 Thana -AMNAUR District- SARAN ======================================================

1. Kanhaiya Mishra Son of Ramasharay Mishra Resident of Village- Harpur Kothi, P.S.- Janta Bazar, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh, Adv. For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 14.12.2016 in connection with Amnour P.S. Case No. 207 of 2016 registered under 272, 273, 420, 420B, 201 of the Indian Penal Code and Section 30(a), 38, 41 of the Bihar Excise Act. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has no concern with the alleged recovery of foreign liquor nor he has any concern with the alleged truck. Nothing has been recovered from the conscious possession of the petitioner. Moreover, the co-accused, Guddu Tiwary @ Tapesh Tiwary, having more or less similar allegation

Patna High Court Cr.Misc. No.4168 of 2017 (6) dt.15-05-2017 has already been granted bail by this Court in Cr. Misc. No. 19715 of 2017. The petitioner is rotting in custody for the last six months.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-5th Saran in connection with Amnour P.S. Case No. 207 of 2016.

(Arvind Srivastava, J.) brajesh/- U