Patna High CourtCR. MISC./38100/2023bail granted

Chandan Kumar @ Chandan Kumar Mehta v. The State Of Bihar

2023-06-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38100 of 2023 Arising Out of PS. Case No.-119 Year-2022 Thana- BHIMPUR District- Supaul ====================================================== CHANDAN KUMAR @ CHANDAN KUMAR MEHTA S/O LATE BABUNAND MEHTA R/O Vill. Karahawana Ward No. 8, PS. Chhatapur, Dist. Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Kumar Mehta For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bimpur P.S. Case No. 119 of 2022 dated 04.11.2022 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 621 litres of Nepali liquor was recovered from the vehicle.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.38100 of 2023(2) dt.28-06-2023 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was owner of the said vehicle and he had already sold the said vehicle. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 07.04.2023.

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

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, Supaul in connection with Bimpur P.S. Case No. 119 of 2022.

The application stands allowed.

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