Jitendra Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20148 of 2020 Arising Out of PS. Case No.-146 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== JITENDRA KUMAR GUPTA Son of Jagrnath Gupta Resident of VillageBhopatpur, P.S.-Kuchaicote, District-Gopalganj. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Manager Sah, Advocate.

For the State :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-09-2020 In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application through Video Conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 16.06.2020/12.08.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Kuchaicote P.S. Case No.146 of 2020 registered under Sections 188, 269 and 290 of the Indian Penal Code besides Sections 30(a)(b) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of patrolling duty, when the informant along with other police personnel reached at Balthari

Patna High Court CR. MISC. No.20148 of 2020(3) dt.04-09-2020 2/2 Check Post, then saw a Swift D Zire Car bearing Registration No.BR 01BR 1382 in parking condition. On seeing the police vehicle, one person started to flee away after getting down from the car and succeeded to flee away. While two other persons, who were sitting in the car, started to flee away with the said vehicle but, on chase, the said vehicle was stopped and two persons were apprehended from the said vehicle, who disclosed their name as Jitendra Kumar Gupta (petitioner), the owner of the vehicle, and Manish Kumar Singh alias Chhotu. On search of the said vehicle, 537 bottles, each containing 200 ml. country made liquor, total in the volume of 107.400 liters, were recovered.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has no criminal antecedent and is in custody since 09.05.2020.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Gopalganj, in connection with Kuchaicote P.S. Case No.146 of 2020.

(Rajendra Kumar Mishra, J) P.S./- U T