Mahendra Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3674 of 2025 Arising Out of PS. Case No.-285 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Mahendra Mehta S/O Rameshwar Mehta R/O Village- Mahuari, PostChanan, P.S- Narari Kala Khurd, Distt.- Aurangabad(824112). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar Singh, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-02-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Excise P.S.case No.285 of 2024, registered for the offence(s) punishable under Sections Sections 30(a), 32(3), 41(1), 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the allegation made in the FIR, altogether 49.320 ltrs. of illicit country-made liquor has been recovered from a motorcycle, which was being driven by the son of the petitioner.

4. It is submitted by the learned counsel appearing on behalf of the petitioner, the said motorcycle is registered in the name of the petitioner, which was being driven by his son, who is in custody. Petitioner has clean antecedent.

Patna High Court CR. MISC. No.3674 of 2025(2) dt.12-02-2025 2/2

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the learned District Court within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise II, Aurangabad/concerned court, in connection with Excise P.S.Case No.285 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T