Om Prakash Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71837 of 2019 Arising Out of PS. Case No.-261 Year-2019 Thana- MANJHI District- Saran ====================================================== 1.

Om Prakash Mishra, aged about 25 years, Male, Son of Ashok Mishra, Resident of Village-Kahi, P.S.-Jalalpur, District-Saran at Chapra. 2.

Mohan Mishra, aged about 26 years, Male, Son of Kamaldev Mishra Resident of Village-Kahi, P.S.-Jalalpur, District-Saran at Chapra. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Chandra Mohan Jha, Advocate.

For the Opposite Party :

Mr.Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Sections 30(a), 30(g), 38(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 63.180 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 06.09.2019. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the

Patna High Court CR. MISC. No.71837 of 2019(2) dt.15-11-2019 2/2 present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 63.180 liters wine is recovered. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J. 2nd-cum-Special Judge, Excise, Saran at Chapra, in connection with Manjhi P.S. Case No. 261 of 2019.

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