Deepak Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5882 of 2020 Arising Out of PS. Case No.-228 Year-2019 Thana- NAUTAN District- Siwan ====================================================== DEEPAK GUPTA Son of Late Mahajan Gupta @ Mahajan Resident of Village-Banjariya, P.S.-Bankata, District-Dewariya (U.P.). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-05-2020 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Nautan P.S. Case No. 228 of 2019 registered for the offences under Sections 30(A) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
In the instant case there is recovery of 1762 litres of liquor from a pickup van.
Learned counsel appearing on behalf of the petitioner would submit that the nothing was recovered from the conscious possession of the petitioner and the seized van does not belong to the petitioner. The petitioner is in custody since 28.12.2019. Considering the submission that nothing was
Patna High Court CR. MISC. No.5882 of 2020(3) dt.13-05-2020 2/2 recovered from the conscious possession, the pickup van also does not belong to the petitioner and the petitioner remained in custody for nearly five months, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing his personal bond to the satisfaction of the Additional District and Sessions Judge-IIcum-Special Judge, Excise Act, Siwan in connection with Nautan P.S. Case No. 228 of 2019, on account of the circumstances prevailing due to lockdown in the wake of Covid19 pandemic. (Anil Kumar Upadhyay, J) rishik/- U T