Nikesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11173 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- PANCHRUKHI District- Siwan ====================================================== NIKESH GUPTA Son of Dhrup Prasad Gupta @ Dhruv Shankar Prasad @ Andharu Resident of Village - Sahlaur, P.S.- Pachrukhi Sarai, O.P., Distt - Siwan.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate.

For the Opposite Party/s :

Mr.Arun Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and counsel for the State.

The petitioner apprehends his arrest in Pachrukhi (Sarai) P.S. Case No. 14 of 2020 registered for the offence punishable under Section 272, 273 of the I.P.C. & Section 30(a) of Bihar Prohibition and Excise Act 2016.

It is alleged that 34.560 litre foreign liquor has been recovered from Mango Orchard Guddu Sthan situated at village Sahlaur.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.11173 of 2020(2) dt.17-06-2020 2/2 petitioner has falsely been implicated in this case due to political rivalry and nothing incriminating has been seized from his conscious possession. Procedure of Section 100 Cr.P.C has been followed for search and seizure. Petitioner is no way concerned with the recovery of alleged liquor from the aforesaid orchard. Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge cum Special Judge, Excise Siwan in connection with Pachruki (Sarai) P.S. Case No. 14 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Sonali/- U T