Krishna Kumar Gupta @ Krishna Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10421 of 2018 Arising Out of PS.Case No. -155 Year- 2017 Thana -KEOTI District- DARBHANGA ======================================================

1. Krishna Kumar Gupta @ Krishna Prasad Gupta S/o Raj Kumar Gupta, R/o Village- Banwari Patti, P.S.- Keoti, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Keoti PS case no. 155 of 2017 registered for the offences punishable under Sections 30(a), 37(c) of Bihar Prohibition and Excise Act, 2016.

The allegation in the present case is that one person in a drunken condition was apprehended and upon interrogation, he disclosed that he had purchased the illicit liquor from the petitioner herein.

The learned counsel for the petitioner submits that neither any recovery has been affected from the conscious possession of the petitioner nor the petitioner has got anything to do with the intoxication of the said other person. The petitioner is said to be having a clean

Patna High Court Cr.Misc. No.10421 of 2018 (2) dt.28-02-2018 2/2 antecedent.

Considering the nature of accusation and the fact that prima facie, no case is made out under the provisions of the Excise Act, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J. IV-cum-Special Judge, Darbhanga in connection with Keoti PS case no. 155 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T