Mithilesh Kumar Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28048 of 2018 Arising Out of PS. Case No.-104 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== Mithilesh Kumar Shah , son of Late Basudeo Prasad Shah @ Basudeo Shah, resident of Village - Madhurapur, P.S.- Bihpur (Bhawanipur), Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-05-2018 Heard Sri Swapnil Kumar Singh, learned counsel for the petitioner and learned A.P.P.

The sole petitioner, who is in custody since 31.3.2018 having clean antecedent, which fact has been stated in paragraph no. 3 of the petition, has prayed for grant of bail in connection with Bihpur ( Bhawanipur ) P.S. Case No. 104 of 2018, registered for the offence under Section 30(A) and 38(1) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner by way of referring to the F.I.R. submits that Police on a secret information had conducted raid in the house of the petitioner and false recovery of about 14 liters of Indian make foreign liquor was shown and and petitioner was arrested. At the time of raid petitioner was

Patna High Court Cr.Misc. No.28048 of 2018(2) dt.08-05-2018 2/2 not present and after noticing the fact regarding institution of the present case he voluntarily surrendered before the court below and he is in custody since 31.03.2018. Be that as it may, considering the nature of accusation, clean antecedent of the petitioner and period of custody, let the petitioner Mithilesh Kumar Shah be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Special Court, Excise, Bhagalpur / concerned court in connection with Bihpur ( Bhawanipur ) P.S. Case No. 104 of 2018.

(Rakesh Kumar, J) praful/- U T