Patna High CourtCR. MISC./31243/2017bail granted

Santosh Kumar Mishra v. The State Of Bihar

2017-07-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31243 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -SIMRIBAZAR District- DARBHANGA ====================================================== Santosh Kumar Mishra, Son of Krishna kumar Mishra, Resident of VillageRamauli, Police Station-Bahera, District-Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Girish Chandra Jha, Advocate. For the Opposite Party : Smt. Sucheta Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 18.02.2017 in connection with G.O. Excise Case No. 141/2017, arising out of Simri P.S. Case No. 09 of 2017 for the offences instituted under Sections 399, 402 of the IPC, 25(1)(b)a of the Arms Act and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that during checking of the vehicle, petitioner and others were apprehended and a mobile was recovered his possession. It is further alleged that from the said vehicle, a loaded country made pistol, one bullet, liquor and other things are recovered.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.31243 of 2017 (2) dt.10-07-2017 2/2 petitioner is in custody since 18.02.2017 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. One liter of foreign liquor is said to have been recovered. No compliance of Section 100 Cr. P.C. has been made in the present case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional District & Sessions Judge-cum-Special Judge, Darbhanga, in connection with G.O. Excise Case No. 141/2017, arising out of Simri P.S. Case No. 09/2017.

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