Ashok Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41785 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -ANDER District- SIWAN ====================================================== Ashok Kumar Gupta, Son of Shankar Prasad, Resident of village - Andar, Police Station-Andar, District-Siwan.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 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 Sections 272, 273 and 308 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
25.380 litres of foreign liquor is said to have been recovered from the possession of the petitioner and from his mobile shop and house and the petitioner and one other accused were 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
Patna High Court Cr.Misc. No.41785 of 2018 (2) dt.12-07-2018 2/2 at the instance of his enemies by planting aforesaid recovery from his possession. He has no criminal antecedent. He has been languishing in custody since 14.05.2018 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 Addl. Sessions Judge-II cum Special Judge, Excise, Siwan in connection with Andar P.S. Case No. 85 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T