Patna High CourtCR. MISC./59797/2017bail granted

Mitin Mehta @ Niteen Mahto @ Rinku @ Nitin Mehta @ Ranku v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59797 of 2017 Arising Out of PS.Case No. -120 Year- 2017 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mitin Mehta @ Niteen Mahto @ Rinku @ Nitin Mehta @ Ranku S/o Rajinder Kumar Mehta, R/o Mohalla- Vasundhra Sector, 9A, H. No157, P.S.- Indra Puran, District- Gajiyabad (U.P.). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dumariyaghat PS case no. 120 of 2017 instituted for the offences punishable under Sections 272, 273 of Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 140.46 ltrs. of illicit foreign liquor from the Honda Amaze car being driven by the petitioner.

The learned counsel for the petitioner submits that the fact is that no recovery has been made from the said car and infact the alleged recovered liquor appears to have been

Patna High Court Cr.Misc. No.59797 of 2017 (2) dt.22-12-2017 2/2 planted in as much as the recovery was made from a place outside the car and the said liquor does not belong to him. It is further submitted that the petitioner has clean antecedent and he is in custody since 08.09.2017.

Considering the nature of accusation, clean antecedent and the period of custody undergone, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise), East Champaran, Motihari in connection with Dumariyaghat PS case no. 120 of 2017.

(Mohit Kumar Shah, J) rinkee/- U T