Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51669 of 2019 Arising Out of PS. Case No.-263 Year-2019 Thana- GAYA RAIL P.S. District- Gaya ====================================================== MITHILESH SINGH Son of Bakhori Singh Resident of Village - Tel Bigha, P.S.- Tankuppa, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 28.06.2019 in connection with Rail Gaya P.S. Case No. 263/2019 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the alleged recovery of 57 litres of country-made Mahua wine was from the compartment and not from the conscious possession of the petitioner. It is further submitted that the petitioner has also been falsely implicated in one of the cases of similar nature in which he has already been granted bail.

Considering the aforementioned facts and circumstances of the case and that the recoveries were not from

Patna High Court CR. MISC. No.51669 of 2019(3) dt.24-09-2019 2/2 his conscious possession, let 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 Special Judge, Excise, Gaya, in connection with Rail Gaya P.S. Case No. 263/2019. (Anjana Mishra, J) Saif/- U T