Patna High CourtCR. MISC./13599/2018bail granted

Shekhar Mishra v. The State Of Bihar

2018-03-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13599 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -SAHPUR District- BHOJPUR ====================================================== Shekhar Mishra, Son of Hemraj Mishra, Resident of Village- Sonbarsa, Police Station- Shahpur (Karnamepur O.P.), District- Bhojpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Arun Kumar Pandey, Advocate. For the Opposite Party : Mr. Anil Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 20.01.2018 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 59.940 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 59.940 liters wine is recovered from the joint house of the petitioner. The name of the petitioner has come on the basis of

Patna High Court Cr.Misc. No.13599 of 2018 (2) dt.08-03-2018 2/2 alleged recovery made from the joint house of the petitioner where other family members also reside. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IVth, Bhojpur at Ara, in connection with Excise Case No. 129 of 2018, arising out of Shahpur Karnamepur O.P.) P.S. Case No. 12 of 2018.

U.K./- (Sudhir Singh, J) U T