Patna High CourtCR. MISC./58708/2023allowed

Harendra Kumar Mehta @ Harendra Mehta @ Harendra Kr Mehta v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58708 of 2023 Arising Out of PS. Case No.-332 Year-2023 Thana- BARUN District- Aurangabad ====================================================== HARENDRA KUMAR MEHTA @ HARENDRA MEHTA @ HARENDRA KR MEHTA S/O RAMCHANDRA MEHTA R/O VILLAGE- BARDIH KHURD, P.S- BARUN, DISTT.- AURANGABAD.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 87.300 liters of illegal foreign liquor near the road side.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. The name of the petitioner has come into light, on the basis of disclosure by local Chaukidar, which has got no evidentiary value in the eyes of law. He submitted that the petitioner has no

Patna High Court CR. MISC. No.58708 of 2023(2) dt.01-09-2023 2/2 concern with the seized wine and the as alleged recovery was made from a public place. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 03.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Barun P.S. Case No. 332 of 2023.

(Sunil Kumar Panwar, J) arish/- U