Rupesh Mishra @ Rushesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53145 of 2017 Arising Out of PS. Case No.-351 Year-2017 Thana- Motihari Mufasil District- East Champaran ====================================================== Rupesh Mishra @ Rushesh Mishra, son of Uday Mishra, resident of villageMadhubani, P.S. Sangrampur, District-East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III For the Opposite Party/s :

Mr. None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-11-2017 Heard Sri Sunil Kumar No.III, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, apprehending his arrest in Motihari Muffasil P.S. Case no.351 of 2017 registered for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act,2016, has prayed for grant of bail, in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that the petitioner has been made accused only on secret information, whereas the vehicle, from which recovery of Nepali country-made liquor was affected, does not belong to the petitioner nor in any way the petitioner was having connection. He further submits that there is no material to connect the

Patna High Court Cr.Misc. No.53145 of 2017(2) dt.09-11-2017 2/2 petitioner and the petitioner is having clean antecedent, which fact has been mentioned in paragraph-3 of the petition. Considering the nature of accusation as well as clean antecedent , let the petitioner, namely, Rupesh Mishra @ Rushesh Mishra, in the event of his arrest or surrender within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand)with two sureties of the like amount each to the satisfaction of learned 7th Addl. Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari in connection with Motihari Muffasil P.S. Case No.351 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T