Santosh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8943 of 2017 Arising Out of PS.Case No. -103 Year- 2016 Thana -AMBA District- AURANGABAD ====================================================== Santosh Kumar Mishra, Son of Brajeshwar Mishra, Resident of village - Dhongra, P.S. Amba, District - Aurangabad .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.12.2016 in connection with Amba P.S. Case No. 103 of 2016 for the alleged offences under Sections 30(K)/37(Kh) of Bihar Excise Amendment Act, 2016.

3. It is submitted that the petitioner has been falsely implicated and has no concern with the recovery of 400 pouches of 200 ml. each of wine recovered from the tempo. Even according to the FIR, the driver of the tempo co-accused Govind Kumar has claimed the goods as his own, having purchased the same from Hariharganj for selling at profit.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since

Patna High Court Cr.Misc. No.8943 of 2017 (2) dt.08-03-2017 13.12.2016 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No. 103 of 2016.

(Vikash Jain, J) Chandran/Ibrar U T