Patna High CourtCR. MISC./24529/2023bail granted

Bhim Gupta v. The State Of Bihar

2023-05-16Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24529 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== BHIM GUPTA S/O- Sri Binduchand Gupta Resident Of Village- Parsiya Vansi Alias Bharthua, P.S.- Khukhund, District- Deoria, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Phulwariya P.S. Case No. 01 of 2023, dated 04.01.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the present matter relates to the recovery of 45 litres of indian made foreign liquor and the same is stated to have been recovered from a TVS Scooty and the said vehicle was found in the possession of this petitioner but in fact the petitioner is quite innocent and the allegation levelled against him is completely false and he has been made accused due to village politics and he has been languishing in jail since

Patna High Court CR. MISC. No.24529 of 2023(2) dt.16-05-2023 2/2 05.01.2023 having fair and clean antecedent and the seizure list witnesses are official persons and against him the investigation has been competed and the petitioner had no concern with the seized liquor.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above 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 concerned Court in connection with Phulwariya P.S. Case No. 01 of 2023.

(Shailendra Singh, J.) maynaz/- U T