Patna High CourtCR. MISC./86758/2019bail granted

Jai Prakash Mishra v. The State Of Bihar

2020-01-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86758 of 2019 Arising Out of PS. Case No.-280 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== JAI PRAKASH MISHRA Son of Dhirendra Mishra @ Dhirendhar Mishra Resident of Village- Ramdas Baghi @ Ram Das Bagahi, P.S.- Kateya, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjana For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Excise Case No. 280 of 2019 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation is regarding recovery of 29.500 liters of illicit liquor from the orchard of the petitioner. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 02.12.2019. It is further submitted that the orchard of the petitioner is situated in an open field, hence the petitioner cannot be saddled with the liability of

Patna High Court CR. MISC. No.86758 of 2019(2) dt.16-01-2020 2/2 illicit liquor recovered from the orchard of the petitioner. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that the petitioner is having a clean antecedent and no recovery of illicit liquor has been made from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Session Judge 2nd cum Special Judge Excise Act, Gopalganj in connection with Excise Case No. 280 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T