Govind Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42921 of 2022 Arising Out of PS. Case No.-191 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== Govind Kumar Mehta Son of Vishwanath Mehta @ Vishwanath Mahto, Resident of Village- Basdiha, P.S- Simra, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2022 Let the defects, as pointed out by the Office, be removed within a period of two weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

Petitioner seeks regular bail in connection with Aurangabad (Muffasil) P.S. Case No. 191 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Act. As per the prosecution, total 90 litres of country made liquor were alleged to be recovered from a car and petitioner was driving the said car.

Learned counsel for the petitioner submits that petitioner is a car driver and apprehended from the place of occurrence. He further submits that petitioner is not the owner of the car and he is completely unaware that what is kept in car.

Patna High Court CR. MISC. No.42921 of 2022(2) dt.30-08-2022 2/3 Learned counsel for the petitioner further submits that charge sheet has already been filed in this case and petitioner is in custody since 09.06.2022 having clean antecedent. Learned counsel for the State opposes the prayer for bail and submits that the petitioner was apprehended by the police from the place of occurrence.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Aurangabad in connection with Aurangabad (Muffasil) P.S. Case No. 191 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

Patna High Court CR. MISC. No.42921 of 2022(2) dt.30-08-2022 3/3 C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T