Patna High CourtCR. MISC./85131/2019bail granted

Mithilesh Singh v. The State Of Bihar

2020-01-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85131 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== MITHILESH SINGH Son of Late Pago Singh @ Yogi Singh Resident of Village - Abhaypur Kaswa, P.S.- Piri Bazar, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioner seeks bail in Piri Bazar PS Case No. 126 of 2019 registered under Sections 272, 273 of the IPC and Section 30(a) of Bihar Prohibition and Excise Act, 2016. Fifteen plastic bottles of one litre capacity filled with Mahua liquor was recovered from the petitioner's "Gumti" and he had allegedly been apprehended while fleeing away. Counsel for the petitioner submits that on account of his criminal antecedents he has again been implicated in this case without any basis. He has no concern with the alleged recovery. There is non compliance of procedure under Section 100 Cr.P.C. He is in custody since 10.11.2019.

Considering the aforesaid submissions the petitioner's prayer for bail is allowed.

Let the petitioner above named be released on bail on his furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge -cum- Special Judge, Excise, Lakhisarai in Piri

Patna High Court CR. MISC. No.85131 of 2019(2) dt.16-01-2020 2/2 Bazar PS Case No. 126 of 2019 on the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T