Munna Gupta @ Munna Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15978 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- GAYA KOTWALI District- Gaya ====================================================== MUNNA GUPTA @ MUNNA KUMAR GUPTA S/O LATE RAMJI GUPTA Resident of Village- Tekari Road, Panch Mukhi Mandir P.S.- Kotwali, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 17.475 liters of illicit foreign liquor from house of the petitioner and the petitioner is alleged to have indulged in trade of illicit liquor. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no

Patna High Court CR. MISC. No.15978 of 2023(2) dt.10-05-2023 2/2 concern with the alleged recovery of illicit liquor and no any incriminating article has been recovered from his conscious or constructive possession. It is further submitted that the seizure list witness are police officials, not a single independent witness which violates the provision of the Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 7.1.2023. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kotwali P.S. Case No. 07 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Gaya.

(Sunil Kumar Panwar, J) Amandeep/- U T