Rajesh Gupta @ Rajesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3076 of 2017 Arising Out of PS.Case No. -312 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Rajesh Gupta @ Rajesh Kumar Gupta son of Vishwanah Prasad, resident of village-Barah Pathar, P.S.-Dehri, District-Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Thakur, Advocate For the Opposite Party/s : Mr. Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioner and learned A.P.P.

This is an application for grant of anticipatory bail for offences punishable under Sections 272, 273 and 120B of the Indian Penal Code and under Sections 47(a), 48(2) and 63 of the Bihar Excise Act, 2016.

It is alleged in the written report that 212 bottles containing 375 ml. and 750 ml. foreign liquor were recovered from the vehicle of the petitioner. The driver of the vehicle was arrested and he could not produce any paper in support of the seized liquor from the vehicle. The petitioner is the owner of the vehicle and huge quantity of liquor was recovered from his vehicle.

Considering the facts and circumstances, I am not

Patna High Court Cr.Misc. No.3076 of 2017 (2) dt.25-01-2017 2/2 inclined to grant anticipatory bail to the petitioner and the same is rejected.

However, petitioner is directed to surrender in the court below,i.e., A.C.J.M., Sherghati, Gaya, in connection with Barachatti P. S. Case no. 312 of 2016 and make prayer for regular bail which shall be considered on its own merit without being prejudiced by this order.

(Sanjay Priya, J) sudip/- U T