Tuntun Mehta @ Muntun Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32497 of 2023 Arising Out of PS. Case No.-121 Year-2022 Thana- KUNAULI District- Supaul ====================================================== 1.

TUNTUN MEHTA @ MUNTUN MEHTA Son of Chandra Narayan Mehta Resident of Village Bathnaha, P.S.- Kunauli, district- Supaul 2.

Ranjeet Mukhiya @ Ramratan Mukhiya son of Dinesh Mukhiya Resident of Village Bathnaha, P.S.- Kunauli, district- Supaul 3.

Durgi Kamat son of Naseeblal Kamat Resident of Village Bathnaha, P.S.- Kunauli, district- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-05-2023 Heard the learned counsel for the petitioners and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with S.T. Excise Case No. 1596 of 2022, arising out of Kunauli P.S. Case No. 121 of 2022 registered for the offence under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioners has submitted that the petitioners are in custody since 11.04.2023 and the petitioners are quite innocent, and have committed no offence

Patna High Court CR. MISC. No.32497 of 2023(2) dt.22-05-2023 2/2 and it is alleged that there is recovery of 1485 litres of Nepali country-made foreign liquor. Petitioner No. 1- Tuntun Mehta @ Muntun Mehta has one criminal antecedent and Petitioner Nos. 2 and 3 have no criminal antecedent.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the period of custody and the recovery of liquor, this application for regular bail is allowed. Let the petitioners, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of 10,000/- (Rupees Ten Thousand ₹ Only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.2, Supaul in connection with S.T. Excise Case No. 1596 of 2022, arising out of Kunauli P.S. Case No. 121 of 2022. The petitioners will visit Kunauli Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioners.

(Sandeep Kumar, J) abhishekkr/- U T