Krishna Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14929 of 2023 Arising Out of PS. Case No.-103 Year-2019 Thana- BHAPTIAHI District- Supaul ====================================================== Krishna Kumar Mehta Son of Luxman Mehta Resident of Village - Tengraha Ward No.- 2, P.S.- Bhaptiyahi, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Bhaptiyahi P.S. Case No. 103 of 2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 204 liters Nepali liquor from a vehicle after that this case has been lodged.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.14929 of 2023(2) dt.11-05-2023 2/3 committed no offence. He has falsely been implicated in this present case because vehicle in question belongs to him. Petitioner has no concern with the alleged recovery nor any incriminating article has been recovered from his possession. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 19.12.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhaptiyahi P.S. Case No. 103 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court, Supaul. The bail bonds of the petitioner shall be accepted

Patna High Court CR. MISC. No.14929 of 2023(2) dt.11-05-2023 3/3 by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Manish/- U T