Raj Kumar Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.2573 of 2017 (2) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2573 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -VISHNUPAD District- GAYA ====================================================== Raj Kumar Gupta son of Late Moti Sao resident of mohalla - Cholera Hospital Chand Chaura, P.S. - Vishnupad, District - Gaya... Petitioner

Versus

The State of Bihar.

... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Vishnupad P.S. Case No. 147 of 2016 registered for the offence punishable under Section 30 (a) of Bihar Excise Amendment Act, 2016. Allegedly, acting on a tip off that the petitioner is selling wine from his house, raid was conducted and from the roof of his house 71 bottles of Royal Stag wine each containing 180 ml. and 5 bottles of Royal Stag wine each containing 750 ml. were recovered and the petitioner is suffering in custody since 24.10.2016.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.2573 of 2017 (2) dt.14-02-2017 satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Vishnupad P.S. Case No. 147 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T