Patna High CourtCR. MISC./61122/2019bail granted

Chandresh Mishra v. The State Of Bihar

2019-10-16Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61122 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Chandresh Mishra, Son of Rajendra Mishra, Resident of Village- Chhotaki Nainijor, P.S.- Brahmpur (Nainijor), District- Buxar. 2.

Pila Tiwari @ Anil Tiwari, Son of Late Radha Tiwari, Resident of VillageChhotaki Nainijor, P.S.- Brahmpur (Nainijor), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar, Advocate For the Opposite Party/s :

Mr.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody since 09.08.2019 in connection with Excise Case No.322 of 2019 arising out of Brahmpur (Nainijor) P.S. Case No.110 of 2019 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioners submits that the alleged recoveries were not from the conscious possession of the petitioners. It is further submitted that petitioner no.1 is having one case of different nature and petitioner no.2 is having five cases in which he has already been extended the privilege

Patna High Court CR. MISC. No.61122 of 2019(2) dt.16-10-2019 2/2 of bail and in one case he has already been acquitted. Considering that the alleged recoveries were not from their conscious possession, let the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ADJ-II-Cum-Special Judge, Excise Act, Buxar, in connection with Excise Case No.322 of 2019 arising out of Brahmpur (Nainijor) P.S. Case No.110 of 2019.

(Anjana Mishra, J) PNM U T