Raushan Kumar Gupta @ Roshan Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14308 of 2021 Arising Out of PS. Case No.-199 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== 1.

RAUSHAN KUMAR GUPTA @ ROSHAN KUMAR GUPTA Son of Late Ashok Gupta Resident of Village - Akrahi Ward No. 26, P.S.- Supaul (Sadar), District - Supaul 2.

Raushan Kumar Son of Shri Anirudh Ram Resident of Village - Ram Nagar, Ward No.- 09, P.S.- Nauhatta, District - Saharsa ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Akhouri Vipin Bihari Shrivastava, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-07-2021 Heard the parties in virtual court proceeding. Let the defect(s) be removed within four weeks after start of the physical court.

The petitioners are languishing in custody for the offences punishable under Sections 30(a), 57(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Prosecution report shows that allegation is of recovery of liquor. Petitioners are in custody since 17.11.2020. Petitioners have stated on oath that they have got no criminal antecedent. Prosecution report has been submitted without proper investigation of the case against the mandate of the provisions of Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.14308 of 2021(2) dt.07-07-2021 2/2 Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Excise C-1 Case No. 199 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) shahzad/- U T