Dhiraj Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39269 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== DHIRAJ KUMAR MEHTA S/O LATE BIJENDRA MEHTA @ VIJENDRA MEHTA R/o village- Madhuban, Ward No.- 04, P.S.- Udakisungunj, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen, Adv.

For the Opposite Party/s :

Mr.Binod Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard.

The petitioner seeks regular bail in connection with Udakisunganj P.S. Case No. 62 of 2021 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 358.875 liters of illicit liquor from a bolero pick up van.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 8.4.2021. The learned counsel for the petitioner has referred to paragraph no. 8 of the present petition to submit that he has got no concern either with the said pick up van or

Patna High Court CR. MISC. No.39269 of 2021(2) dt.14-12-2021 2/2 with the seized illicit liquor.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is not the owner of the vehicle from which illicit liquor has been recovered and is languishing in custody since 8.4.2021, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cumSpecial Judge (Excise), Madhepura in connection with Udakisunganj. P.S. Case No. 62 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T