Jitendra Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 20387 of 2020 ==========================================================

1. Jitendra Kumar Gupta, aged about 45 years, male, Son of Ram Prasad Gupta.

2. Kalyan Sah, aged about 42 years, male, Son of Jitlali Sah.

3. Tarkeshwar Chaudhary, aged about 26 years, male, Son of Late Gokul Chaudhary.

All R/o Village-Rupganj (Sahebganj, Sonarpatti), P.S.-Town, District-Saran ...........Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the State : Md. Aslam Ansari, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02/- 24/07/2020 Heard Mr. Alok Kumar Alok, learned counsel for the petitioners and Md. Aslam Ansari, learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Excise Case No. 91 of 2020 instituted for the offence

under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

It appears from the F.I.R. that on confidential information, a raid was conducted and 46.32 litres of liquor was recovered under the garbage of a public drain.

It has been submitted on behalf of the petitioners that their names were disclosed by the local persons. It has further been submitted that the petitioners were not present at the place of occurrence.

The petitioners are also stated to be persons of clean antecedents.

Regard being had to the fact that nothing has been recovered from the possession of the petitioners and that they are persons of clean antecedents, they, in the event of their arrest/surrender before the Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions JudgeCum-Special Judge, Excise, Saran in connection Excise Case No. 91

of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J.) Praveen-II/- U T