Patna High CourtCR. MISC./66376/2023bail granted

Priyanshu Mishra v. The State Of Bihar

2023-10-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66376 of 2023 Arising Out of PS. Case No.-293 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== PRIYANSHU MISHRA S/O ANIL MISHRA R/O VILLAGEDAMAKIYASISAI, PS. BHORE, DIST. GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Phulwariya (Shripur O.P.) P.S. Case no.293 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a vehicle being stopped and searched, it is stated that 69.6 litres of country liquor was recovered and the petitioner and co-accused Ankush Pandey were taken into custody.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case. He is in custody since 15.8.2023 and as per the case status of the application for bail of the co-accused, Ankush Pandey has been

Patna High Court CR. MISC. No.66376 of 2023(2) dt.17-10-2023 2/2 enlarged on bail vide order dated 16.10.2023 passed in Cr. Misc. no.66711 of 2023.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the petitioner not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, grant of bail to co-accused Ankush Pandey and the petitioner being in custody since 15.8.2023, the Court directs the petitioner to be enlarged on bail in connection with Phulwariya (Shripur O.P.) P.S. Case no.293 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise-1, Gopalganj.

(Partha Sarthy, J) Saurabh/- U T