Rajan Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18350 of 2020 Arising Out of PS. Case No.-138 Year-2019 Thana- BALIGAON District- Vaishali ====================================================== Rajan Kumar Gupta, aged about 36 years, Male, Son of Laxmi Narayan Gupta, Resident of Village - Bahadurpur Chiknauta, P.S.- Baligaon, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh, Advocate For the State :

Mr.Dilip Kumar No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-05-2020 This case has been posted before me for hearing through video-conferencing, under the orders of Hon'ble the Chief Justice, in view of Nation passing through lockdown as an aftermath of the outbreak of COVID-19 pandemic. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Baligaon P.S. Case No.138 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 52.5 litres of Indian made foreign liquor with plastic bags have been recovered from the Dhaba of the petitioner. Learned counsel for the petitioner further submits that the petitioner is

Patna High Court CR. MISC. No.18350 of 2020(2) dt.14-05-2020 2/2 innocent and has falsely been implicated in the present case. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 30.12.2019. Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) only with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II Cum Excise Court, Vaishali at Hajipur in connection with Baligaon P.S. Case No.138 of 2019. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000/- (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Nasimul/- U T