Sanjay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7888 of 2017 Arising Out of PS.Case No. -93 Year- 2016 Thana -PIPRAHI District- SHEOHAR ====================================================== Sanjay Kumar Gupta, son of Yogendra Sah, resident of village- Ratanpur, P.S.- Piprahi, District- Sheohar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Devendra Kumar, Advocate. For the Opposite Party : Mr. Uday Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Piprahi P.S. Case 93 of 2016 instituted for the offence under Sections 30(A), 33, 36 and 38 of the Bihar Excise Act.

It has been submitted that the petitioner is in custody since 23.11.2016. He has no criminal antecedent. Simply he was a passenger of the Tempo from which the alleged liquor has been recovered.

From the written report it appears that total 53.25 liters of foreign liquor has been recovered from the Tempo on which the petitioner along with two other persons were seated. Keeping in view the period of custody and clean antecedent of the petitioner, prayer for bail of the petitioner is

Patna High Court Cr.Misc. No.7888 of 2017 (2) dt.02-03-2017 2/2 allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sheohar, in connection with Piprahi P.S. Case No. 93 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner. The petitioner will file an affidavit that he will not indulge in such type of activity in future, and if he will be found indulging in such type of activity, his bail bond shall be liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T