Tek Narayan Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88058 of 2024 Arising Out of PS. Case No.-1285 Year-2024 Thana- Excise P.S. District- Kishanganj ====================================================== Tek Narayan Mehta S/O Late Bodh Narayan Mehta Resident of VillageLakshmipur, P.S- Bihariganj, Distt.- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Special Case No. 1305 of 2024 arising out of Excise P.S. Case No. 1285 of 2024 instituted for the offences punishable under Section 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 101.730 litres of liquor has been recovered from Maruti Alto Car.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle.
Patna High Court CR. MISC. No.88058 of 2024(2) dt.07-01-2025 2/2 The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 14.11.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Case No. 1305 of 2024 arising out of Excise P.S. Case No. 1285 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T