Santosh Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.39514 of 2017 (2) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39514 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -SIKANDARA District- JAMUI ====================================================== Santosh Gupta, son of Jai Prakash Sao, resident of Mahisauri, P.S.Jamui, District-Jamui .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2017 Heard Sri Man Mohan Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 01.06.2017 in Sikandra P.S.Case no.71/17 registered for the offence under Sections 273, 414 of the Indian Penal Code and Section-30/30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that nothing was recovered from the conscious possession of the petitioner, however he has been made accused on the accusation as if the petitioner was escorting two vehicles, namely, Bolero and one Indigo Car. He further submits that from the Bolero, nothing was recovered, but huge quantity of country-made liquor was

Patna High Court Cr.Misc. No.39514 of 2017 (2) dt.19-08-2017 recovered from the Indigo vehicle and the petitioner was apprehended. Though the petitioner was apprehended, he was not at all aware of carrying any contraband.

Considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner, namely, Santosh Gupta 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 Addl. Sessions Judge-III, Jamui in connection with Sikandra P.S. Case No.71/2017. (Rakesh Kumar, J) NKS/- U T