Patna High CourtCR. MISC./37664/2023bail granted

Khagesh 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.37664 of 2023 Arising Out of PS. Case No.-166 Year-2020 Thana- BALRAMPUR District- Katihar ====================================================== KHAGESH MEHTA SON OF UPENDRA MEHTA RESIDENT OF VILLAGE- RAMPUR, DEHRU, PS- BIHARIGANJ, DISTTMADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== 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 Balrampur P.S. Case No. 166 of 2020 dated 30.12.2020 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 70.155 litres of liquor is alleged to have recovered from a vehicle. The driver of the said vehicle fled away from the place of occurrence. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.37664 of 2023(2) dt.28-06-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 18.3.2023.

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, Katihar in connection with Balrampur P.S. Case No. 166 of 2020.

The application stands allowed.

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