Patna High CourtCR. MISC./37065/2024bail granted

Abhishek Kumar Mehta v. The State Of Bihar

2024-05-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37065 of 2024 Arising Out of PS. Case No.-289 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Abhishek Kumar Mehta Son of Ram Naresh Prasad R/O Village - Tarwan Kala, P.S.- Pipra, District - Palamu (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with G.R. No. 540 of 2024 arising out of Excise P.S. Case No. 289 of 2024 dated 04.04.2024 registered for the offences punishable u/s 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 100 litres of illicit country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the driver nor the owner of the said vehicle. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.37065 of 2024(2) dt.15-05-2024 2/2 recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad, Bihar in connection with G.R. No. 540 of 2024 arising out of Excise P.S. Case No. 289 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T