Sumit Kumar Mehta @ Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81598 of 2024 Arising Out of PS. Case No.-246 Year-2020 Thana- DAGARUA District- Purnia ====================================================== Sumit Kumar Mehta @ Sumit Kumar, Son of Late Sadanand Mehta, VillagePosdaha, P.S.- Narpatganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Dagarua P.S. Case No. 246 of 2020 for the offence registered under Sections 272/273 of the I.P.C. and Section 30(a) of the Bihar Prohibition Act and Excise Act, 2016.
3. As per prosecution case, 1267.125 litres of foreign liquor was recovered from the Tata-407.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case on the basis of confessional statement of coaccused Vishal Bose. He has no concern with the seized vehicle and nothing was recovered from possession of the petitioner. Similarly situated co-accused have already been granted regular
Patna High Court CR. MISC. No.81598 of 2024(2) dt.22-11-2024 2/2 bail by this Court vide order dated 05.07.2024 and 30.08.2024 passed in Cr. Misc. No. 22764 of 2024 and Cr. Misc. No. 49430 of 2024. Petitioner has one criminal antecedent in which he is on bail. Petitioner is in jail custody since 13.09.2024 and he undertakes to cooperate in the investigation and trial of this case.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Dagarua P.S. Case No. 246 of 2020. (Sunil Dutta Mishra, J) khushbu/- U T