Amit Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24638 of 2018 Arising Out of PS.Case No. -247 Year- 2017 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Amit Mishra, S/o Kameshwar Mishra, resident of Village- Kushhar, P.S.- Turkauliya, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and the learned APP for State.
The petitioner is languishing in judicial custody since 01.03.2018 in connection with Kotwa PS Case No. 247 of 2017 for offences punishable under Sections 272, 273, 414 of the Indian Penal Code and 30 (a), 35 (b) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case as lodged by the police personnel is that on secret information that some of the persons are dealing in foreign liquor for new year celebrations, the police officials raided the house of co-accused Ravindra Singh, who fled away but co-accused Pannalal Shah was apprehended and 88 litres illicit liquor was recovered from the car and 106 litres of foreign liquor
Patna High Court Cr.Misc. No.24638 of 2018 (3) dt.10-05-2018 was recovered from the sugarcane field of co-accused Ravindra Singh. Some of the accused persons managed to flee away and the petitioner is one of them.
It has been submitted by the learned counsel for the petitioner that he is innocent. He has been falsely implicated in the present case. He further submits that nothing has been recovered from conscious possession of the petitioner and apprehended co-accused Pannalal Shah has since been granted privilege of bail by a coordinate bench of this Court in Cr. Misc. No. 10590 of 2018 vide order dated 23.02.2018. He submits that some of the other co-accused also has been granted privilege of bail by different coordinate benches of this court and just because the petitioner has a criminal antecedent and has one more case of similar nature pending against him in which, he has also been alleged to have fled away, he has been refused bail by the learned Court below.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and material available on record, let the petitioner above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousands) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.24638 of 2018 (3) dt.10-05-2018 satisfaction of learned 4th Additional Sessions Judge-cum-Special Judge, Excise, Motihari in connection with Kotwa PS Case No. 247 of 2017.
(Nilu Agrawal, J) A.K.V./- U T