Patna High CourtCR. MISC./13224/2020bail granted

Virendra Kumar Gupta v. The State Of Bihar

2020-03-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13224 of 2020 Arising Out of PS. Case No.-433 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== Virendra Kumar Gupta S/o Pramod Prasad Gupta @ Pramod Kumar Gupta Resident of Village- Sulebatta, P.S.- Barachatti and Distt- 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.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

05-03-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Barachatti P.S. Case No. 433 of 2019 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. 480 liters of spirit is said to have recovered from a Tata Magic vehicle.

It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession. Petitioner is neither owner nor driver of the vehicle in question. It is further submitted that mandatory provision of Section 100 Cr.P.C. has not been followed with respect to search and seizure. There is no allegation against the petitioner of tampering with the evidence.

Patna High Court CR. MISC. No.13224 of 2020(2) dt.05-03-2020 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Barachatti P.S. Case No. 433 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T