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Patna High CourtCR. MISC./59820/2021bail granted

Mithilesh Kumar Singh v. The State Of Bihar

2022-01-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59820 of 2021 Arising Out of PS. Case No.-157 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== MITHILESH KUMAR SINGH S/O LATE TRIBHUBAN PRASAD SINGH R/o village- Koriyapatti, P.S.- Jadiya, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and Shri Nand Kishore Prasad, learned A.P.P. for the State through virtual court proceedings.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with CI Case No. 157 of 2021 instituted for the offences under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 31.08.2021, is a person with clean antecedent and charge-sheet has been submitted in this case. Allegation is of recovery of 144 litre of liquor from dickey of Hyundai Accent Car in which petitioner was sitting.

Patna High Court CR. MISC. No.59820 of 2021(2) dt.13-01-2022 2/2 Learned counsel for the petitioner submits that the petitioner is not the owner of the car, rather was the driver of the car and, as such, was not aware what was kept in the car. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 31.08.2021, is a person with clean antecedent and chargesheet has been submitted in this case, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Purnia in connection with CI Case No. 157 of 2021.

(Satyavrat Verma, J) Kundan/- U T