Upendra Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45349 of 2017 Arising Out of PS. Case No.-14 Year-2017 Thana- MADANPURA District- Aurangabad ====================================================== Upendra Kumar Mehta, S/o Basudeo Mehta, resident of village- Sizua, P.O.- Bariat, P.S.- Ichak, District- Hazaribagh (Jharkhand), ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Sri Sanjay Kumar, learned counsel for the petitioner and Sri Shailendra Kumar, learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Madanpur P.S. Case No.14 of 2017 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act,2016, has prayed for grant of bail, in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that the petitioner had already sold his vehicle to one Mukesh Kumar through an affidavit. The said vehicle was registered in the name of the petitioner. In the meanwhile, Mukesh Kumar, who was actual owner of the vehicle, was apprehended with other accused, while they were carrying huge quantity of liquor. It has also been argued that the petitioner is having clean antecedent and this fact has been stated in paragraph-3 of the petition.

Patna High Court Cr.Misc. No.45349 of 2017(2) dt.21-09-2017 2/2 Considering the facts and circumstances as well as clean antecedent of the petitioner, let the petitioner, namely, Upendra Kumar Mehta, in the event of his arrest or surrender within six weeks from today, be released 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 Addl. Sessions Judge VIIcum- Special Judge, Aurangabad in connection with Madanpur P.S. Case No.14/2017 , subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure (Rakesh Kumar, J) nawalkrs/- U T