Satyam Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78839 of 2018 Arising Out of PS. Case No.-227 Year-2018 Thana- GUTHANI District- Siwan ====================================================== Satyam Mishra S/o Saroj Mishra R/vill-Mishraoli, P.S-Guthani,Distt.-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr.Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 This application, for grant of anticipatory bail, arises out of Guthani P.S. Case No. 227 of 2018, disclosing offences under Sections 30 (a), 38(i) and 41(i) of Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 164 and odd litres of liquor from the co-accused persons, who disclosed the name of petitioner as their associate in sale and purchase of illicit liquor. Submission of learned counsel for the petitioner is that he has been made accused only on the basis of confessional statement of co-accused and except that there is nothing against the petitioner and he has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in

Patna High Court Cr.Misc. No.78839 of 2018(2) dt.11-01-2019 2/2 the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge II - cum- Special Judge, Excise, Siwan, in connection with Guthani P.S. Case No. 227 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Vinod Kumar Sinha, J) sunilkumar/- U T