Harendra Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35787 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -AMBA District- AURANGABAD ====================================================== Harendra Mehta, S/o Ram Chandra Mahto, resident of Village- Baddi Khurd, P.S.- Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

230 litres of country made liquor is said to have been recovered from the Indica Car and petitioner and two other persons sitting in the said car were apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He has been falsely implicated in the case at the instance of his enemies.

Patna High Court Cr.Misc. No.35787 of 2018 (2) dt.29-06-2018 2/2 He happens to be simple commuter of the said vehicle and he had no knowledge of transporting of the aforesaid liquor in the said vehicle. He has no criminal antecedent. He has been languishing in custody since 16.05.2018.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Addl. Sessions Judge-VII cum Special Judge, Excise, Aurangabad in connection with Amba P.S. Case No. 41 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T