Patna High CourtCR. MISC./6870/2024bail granted

Gulshan Kumar @ Gela v. The State Of Bihar

2024-02-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6870 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Gulshan Kumar @ Gela S/o Harendra Singh R/o vill - Bhore, P.S. - Bhore, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Vardhan, Adv.

Ms. Shubhangi Pandey, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhore P.S. Case No. 598 of 2023 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, the police has recovered 54.90 liter country-made and foreign liquor from a gunny bag which was loaded on the motorcycle bearing Registration No. BR28S2633.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the nothing has been recovered from the possession of the petitioner and has no

Patna High Court CR. MISC. No.6870 of 2024(2) dt.13-02-2024 2/2 concern with the recovered liquor or the vehicle. The petitioner was not arrested at the place of occurrence rather on the disclosures made by the villagers, he has been arrested by the police mere on suspicion. The petitioner has one criminal antecedent of the similar nature which is pending. The petitioner is languishing in judicial custody since 15.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Bhore P.S. Case No. 598 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T