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Patna High CourtCR. MISC./1531/2019allowed

Satish Kumar Mishra And ANR v. The State Of Bihar

2019-01-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1531 of 2019 Arising Out of PS. Case No.-272 Year-2018 Thana- BIRAUL District- Darbhanga ======================================================

1. Satish Kumar Mishra Son of Santosh Kumar Mishra

2. Jai Kumar Chaupal Son of Suraj Chaupal Both resident of Village Rohar, PS Biraul District Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shama Sinha For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioners. Petitioners are in custody in connection with Biraul PS Case No. 272 of 2018 for the alleged offence punishable under Section 272, 273/34 of the Indian Penal Code and Section 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

In the instant case, some cartons of liquor were recovered from a Bolero van. Learned counsel appearing for the petitioners submits that petitioners have no criminal antecedent and they are in custody since 10.11.2018. Petitioners have no concern with the trade of liquor and they have been falsely

Patna High Court Cr.Misc. No.1531 of 2019(2) dt.28-01-2019 2/2 implicated in the case out of enmity.

Considering the fact that petitioners have no criminal antecedent and they have remained in jail since 10.11.2018, this application is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IV-cum-Special Judge, Darbhanga, in connection with Biraul PS Case No. 272 of 2018. (Anil Kumar Upadhyay, J) mrl./- U T