Patna High CourtCR. MISC./47514/2023bail granted

Dharmraj Bhat v. The State Of Bihar

2023-08-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47514 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- MEHANDIA District- Jehanabad ====================================================== 1.

DHARMRAJ BHAT SON OF CHHITARLAL BHAT @ CHHITAR BHAT @ CHITRAJIT BHAT RESIDENT OF VILLAGE- AKOLA, P.S. BARLIYAS DISTRICT- BHILWARA (RAJASTHAN) 2.

RANJEET BHAT SON OF KAILASH CHANDRA BHAT RESIDENT OF VILLAGE- AKOLA, P.S. BARLIYAS DISTRICT- BHILWARA (RAJASTHAN) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023

1. Learned counsel for the petitioners 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 petitioners and learned A.P.P. for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Mehandia P.S. Case No. 127 of 2023 dated 26.05.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 4599 litres of illicit foreign liquor is alleged to have recovered from the vehicle near Balidad Market.

Patna High Court CR. MISC. No.47514 of 2023(2) dt.04-08-2023 2/2

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioner no. 1 is the driver and the petitioner no. 2 is a cleaner. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 27.05.2023.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are 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, Jehanabad in connection with Mehandia P.S. Case No. 127 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T