Shiv Pratap Shiv Prasad Gupta @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62585 of 2017 Arising Out of PS.Case No. -421 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Shiv Pratap (shiv Prasad) Gupta @ Munna S/o Late Ram Sakal Gupta, R/o Village- Patahi Roop, P.S.- Sadar, Distt.- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Verma For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sadar P.S. Case No. 421 of 2017 for the offences punishable under Sections 143, 144, 158, 290, 414, 272, 273 of the Indian Penal Code, 25(1-b)a, 25-1A/25-1AA/25-1AAA/35/27 of the Arms Act, and 30(a) of the Bihar Prohibition and Excise Act, 2016. The case of the prosecution is that the police received information that veteran criminals and antisocial elements had assembled on the eve of the birth day of the daughter of the veteran criminal and were consuming liquor and firing gun shot. Upon a raid conducted at the house of Surendra Rai, though some persons escaped, the petitioner was arrested and one country made

Patna High Court Cr.Misc. No.62585 of 2017 (2) dt.17-01-2018 2/2 pistol along with cartridge were recovered from the person of the petitioner. It is further alleged that from the place of occurrence, 90 bottles of 180 m.l. illicit liquor was recovered, besides 11 empty bottles of foreign liquor.

The learned counsel for the petitioner submits that the petitioner has a clean antecedent and has been falsely implicated in the present case. It is further submitted that the petitioner is in custody since 23.8.2017.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail immediately on completion of six months of his custody from the date of his arrest i.e. 23.08.2017, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge-cum-Spl. Judge, Excise, Muzaffarpur in connection with Sadar P.S. Case No. 421 of 2017 dated 22.8.2017 and also subject to other terms and conditions as may be deemed fit and proper by the learned trial court.

(Mohit Kumar Shah, J) BTiwary/- U T