Santosh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28609 of 2016 Arising Out of PS.Case No. -152 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ======================================================

1. Santosh Kumar Gupta Son of Binod Prasad Gupta Resident of Ekchari, P.S. Rasulpur, Distt Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section-47(ka) of Bihar Excise Amendment Act 2016. One bottle of Indian made foreign liquor containing 180 ml. is said to have been recovered from possession of the petitioner and co-accused. It is an admitted position that mere possession of Indian made foreign liquor is not an offence but in spite of that, the Excise Officials lodged the present case against the petitioner and others. Moreover, the petitioner does not have any criminal antecedent and is languishing in jail custody since 06-06-2016.

Patna High Court Cr.Misc. No.28609 of 2016 (2) dt.22-07-2016 2/2 Accordingly, the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with P.S. Case No. 152 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur.

(Hemant Kumar Srivastava, J) A.K.V./- U T