Mritunjay Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15510 of 2021 Arising Out of PS. Case No.-288 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== MRITUNJAY KUMAR MISHRA Son of Harish Chandra Mishra Resident of Village- Teera Ward No.10, P.S.- Kalyanpur, Distt- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-11-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

From the out house of the petitioner, meant for keeping fodder, liquor was recovered.

Submission is that prosecution report has been submitted without proper investigation of the case. Petitioner has got no criminal antecedent and place of recovery is accessible by anyone.

Considering the submission aforesaid, let the petitioner, above named, in the event of his arrest or surrender

Patna High Court CR. MISC. No.15510 of 2021(2) dt.23-11-2021 2/2 before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Excise Case No. 288 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T