Patna High CourtCR. MISC./44096/2023bail granted

Dablu Kumar @Dablu Mehta v. The State Of Bihar

2023-07-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44096 of 2023 Arising Out of PS. Case No.-60 Year-2021 Thana- RATANPUR District- Supaul ====================================================== Dablu Kumar @DABLU Mehta Son Of Sahadev Mehta Resident Of VillageBahuarwa (BAHORWA), Po- Ratanpur, Ps- Ratanpura, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Jha, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sessions case, Excise No. 1104 of 2021 arising out of Ratanpura P.S. Case No. 60 of 2021 dated 09.10.2021 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 3982 litres of illegal spirit was recovered from the land of Sushil Mishra which was kept in bush.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.44096 of 2023(2) dt.26-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused person has already been granted bail by this Court vide order dated 22.05.2023 passed in Cr. Misc. No. 32157 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.05.2023.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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 Sessions case, Excise No. 1104 of 2021 arising out of Ratanpura P.S. Case No. 60 of 2021.

8. The application stands allowed.

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