Uday Gop @ Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14707 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- DANIYAWAN District- Patna ====================================================== UDAY GOP @ UDAY KUMAR S/o Bhola Yadav Resident of VillageSalarpur, P.S.- Daniyawan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-09-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Daniyawan P.S. Case No.11 of 2020 corresponding to Special Case No.738 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant got information that some persons had kept liquor in the house of Arvind Kumar in village Salarpur and on such, a raid was conducted. Arvind Kumar was apprehended but two persons managed to flee away. 865 bottles each containing 300 ml. liquor were recovered from 9 gunny bags. Arvind Kumar disclosed the names of Shankar Gop and Uday Gop(the petitioner).

The learned counsel for the petitioner submits that nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.14707 of 2020(2) dt.04-09-2020 2/2 petitioner. The recovery was made from near the house of Arvind Kumar. Arvind Kumar disclosed the name of the petitioner in the confessional statement before the police and petitioner has got no criminal antecedent.

Taking into consideration the fact that nothing has been recovered from the possession of the petitioner and name of the petitioner has surfaced in the case in the confessional statement of Arvind Kumar from whose house 9 gunny bags containing 865 bottles liquor were recovered, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks 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 the learned Special Judge, Excise, Patna in connection with Daniyawan P.S. Case No.11 of 2020 corresponding to Special Case No.738 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T