Patna High CourtCR. MISC./11340/2018bail granted

Suga Mishra @ Mangal Singh v. The State Of Bihar

2018-02-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11340 of 2018 Arising Out of PS. Case No.-189 Year-2017 Thana- NAUHATTA District- Saharsa ====================================================== Suga Mishra @ Mangal Singh S/o Babua Mishra, Resident of VillageMohanpur, P.S.-Nauhatta, District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. SHANTANU KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 37(b) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that the accused persons including the petitioner were causing nuisance in intoxicating condition at Bhubneshwar chowk.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.11.2017. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is alleged to have been apprehended in a drunken state. There is no recovery of any liquor from the

Patna High Court Cr.Misc. No.11340 of 2018(2) dt.27-02-2018 2/2 possession of the petitioner. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Saharsa in connection with Special (Excise) case No.521 of 2017 arising out of Nauhatta P.S. case No.189 of 2017.

(Sudhir Singh, J) Narendra/- U T