Ravi Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36897 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -FULKAHA District- ARRARIA ====================================================== Ravi Kumar Gupta, S/o Late Shivji Prasad Gupta, Resident of VillageFulkaha, Ward No.4 (presently in ward no.6), P.S.- Fulkaha, Dist- Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 154.800 litres of Nepali liquor is said to have been recovered from the motorcycle of the petitioner and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case by the police merely on suspicion while he was passing through

Patna High Court Cr.Misc. No.36897 of 2018 (4) dt.13-08-2018 2/2 the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid liquor there seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 11.05.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 2nd A.D.J. cum Special Judge, Araria in connection with Special Case No. 561 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T