Upendra Prasad Gupta @ Upendra Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16719 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Upendra Prasad Gupta @ Upendra Saw S/O Jawahar Prasad Gupta R/O Village-Vaishali Colony, Bhattipar, Damriyahi Ghat, Madhav Mills, Simli Murarpur, Patna City, P.S-Malsalami, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., 90 litres of country liquor was recovered and the petitioner was taken into custody. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. He has no criminal antecedent and is in custody since 5.1.2021. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.16719 of 2021(3) dt.06-08-2021 2/2 taking into consideration the petitioner not having any criminal antecedent and being in custody for more than 7 months, the Court directs the petitioner to be enlarged on bail in connection with P.R. Alamganj P.S. Case no.40 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.

(Partha Sarthy, J) Bibhash U