Raushan Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35808 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -BAHADURPUR District- DARBHANGA ====================================================== Raushan Kumar Mishra, S/o Sri Vauan Mishra, resident of villageKharajpur, P.S.- Bahadurpur, District- Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Anjani Kumar Sinha For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 34, 36, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

90 litres of foreign liquor is said to have been recovered from the straw house of Mahesh Yadav and 5-6 accused persons standing near the straw house managed to escape. Locals disclosed the name of the fleeing accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern

Patna High Court Cr.Misc. No.35808 of 2018 (2) dt.29-06-2018 2/2 either with the seized liquor or with the place of recovery. He has been falsely implicated in the case at the instance of his enemies. He was not apprehended on the spot. Identity and genuiness of the source of information has not been mentioned in the written report. He has no criminal antecedent. He has been languishing in custody since 09.05.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Addl. Sessions Judge cum Special Judge, Excise Act, Darbhanga in connection with Bahadurpur P.S. Case No. 14 of 2018 (G.O. No. 36/18). (Prakash Chandra Jaiswal, J) Mishra/- U T