Shambhu Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20690 of 2025 Arising Out of PS. Case No.-202 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Shambhu Mehta S/O Kishun Dev Mehta R/V and PO and PS- Bhaptiyahi, Dist.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pramod Mishra, Advocate For the State :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 536.28 litres illicit made liquor was recovered from house of co-accused Sanjay Kumar. During search, four motorcycles were seized from the spot and it is alleged that this petitioner is registered owner of one of the seized motorcycle.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he

Patna High Court CR. MISC. No.20690 of 2025(2) dt.23-04-2025 2/2 has falsely been implicated in this case merely on suspicion. No incriminating article has been recovered from the motorcycle of this petitioner. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of accusation, the fact that no incriminating article has been recovered from conscious possession of this petitioner and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 01, Supaul in connection with Bhaptiyahi P.S. Case No. 202 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T