Ajay Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73240 of 2022 Arising Out of PS. Case No.-270 Year-2022 Thana- JAMHOR District- Aurangabad ====================================================== 1.

Ajay Mehta Son Of Bhikhari Mehata Resident Of Village - Pirauta, P.S.- Phesar, District - Aurangabad, Bihar.

2.

Ajit Kumar @ Ajit Kumar Mehta Son Of Rama Mehta Resident Of Village - Pirota, P.S.- Phesar, District - Aurangabad, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 30(a), 30(c), 33/36 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 26.400 country made liquor from a car bearing registration No. BR-06R-2488 and 175 litre spirit from brick-line room. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent

Patna High Court CR. MISC. No.73240 of 2022(2) dt.13-01-2023 2/3 and has committed no offence. They have no concern with the alleged recovery or with the vehicle in question. It is further submitted that petitioners are labour at brick-line and use to live at the same place in the night. Nothing has been recovered from the conscious possession of the petitioners. They are languishing in judicial custody since 6.11.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, 2nd, Aurangabad in connection with Jamhor P.S.

Patna High Court CR. MISC. No.73240 of 2022(2) dt.13-01-2023 3/3 Case No. 270 of 2022.

(Sunil Kumar Panwar, J) nirajkrs/- U T