Patna High CourtCR. MISC./49472/2017bail granted

Ajay Kumar Mehta And ORS v. The State Of Bihar

2017-10-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49472 of 2017 Arising Out of PS.Case No. -838 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Ajay Kumar Mehta, Son of Sitaram Mehta.

2. Ramjit Kumar Mehta @ Ranjit Kumar Mehta @ Ranjeet Kumar Mehta, Son of Basudeo Mehta. Both residents of Village-Bigha, P.S. Nawalsahi, District-Kodarma.

3. Mantu Prasad Mehta @ Mantu Pd. Mehta, Son of Rajendra Prasad Mehta, R/V- Mangura, P.S. Echak, District- Hazaribagh. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Bhavesh Kumar, Advocate. For the Opposite Party : Smt. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are languishing in custody since 12.08.2017 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that the police searched a Bolero vehicle and recovered 210 liters of country made liquor from the vehicle and arrested these petitioners. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged

Patna High Court Cr.Misc. No.49472 of 2017 (3) dt.17-10-2017 2/2 against the petitioners. 210 liters of country made liquor is said to have been recovered from the vehicle. It is further submitted that the recovery was not made from conscious possession of the petitioners nor the petitioners had any knowledge regarding the goods being transported by the Transporter. No compliance of Section 100 Cr. P.C. has been made in the present case. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the prosecution report.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Nawada, in connection with G.O. Case No. 838/2017.

U.K./- (Sudhir Singh, J) U T