Rahul Seth @ Mohit Seth @ Mohit Kumar Seth v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53244 of 2022 Arising Out of PS. Case No.-449 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Rahul Seth @ Mohit Seth @ Mohit Kumar Seth Son Of Mahesh Kumar Seth @ Mahesh Seth Resident Of At- Ck48/162 Harha, Raja Darwaja, P.S.- Chouk, District- Varanasi (UTTAR Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pathak, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Mohania (Kaimur) P.S. Case No. 449 of 2022 lodged under Section 30(a)/41(1) of the Bihar Prohbition and Excise Amendment Act.

As per the prosecution case, total recovery of 982.8 liter English wine is subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 20.08.2022 having clean antecedent and charge sheet has already been filed in this case. He also submits that the said recovery was made from a pick-up van and the owner and the driver were apprehended from the place of occurrence. He submits that petitioner is a

Patna High Court CR. MISC. No.53244 of 2022(2) dt.25-11-2022 2/2 stranger person to the said owner and driver and the cause of giving petitioner's name is that petitioner was working in a shop and co-accused Dilkush Kumar who was the driver of the vehicle, had a hot discussion with the petitioner due to which the owner of the apprehended vehicle had taken petitioner's name.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this 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, Court-1-cumAddl. District & Sessions Judge-IV, Kaimur, Bhabhua in connection with Mohania (Kaimur) P.S. Case No. 449 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

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