Vishwanath Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26857 of 2025 Arising Out of PS. Case No.-279 Year-2024 Thana- AKHODHIGOLA District- Rohtas ====================================================== Vishwanath Prasad Gupta Son of Late Hiraman Gupta RO Village- Gangouli PS -Dehri On Sone, District -Rohtas Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarfraz Ahmad For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-05-2025 Heard the parties.

2. The petitioner is apprehending arrest in connection with Akorhigola P.S. Case No. 279 of 2024 instituted under Sections 30(a) of the Bihar Prohibition and Excise Act lodged on 20.10.2024 by the informant, Rohit Kumar.

3. As per the prosecution story, the informant alleged that during patrolling, a motorcycle was intercepted and there is recovery/seizure of 65 liters of country made liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that only because he owns the motorcycle got implicated. Further, he has no criminal antecedent.

5. Learned APP opposes the prayer.

6. Considering the submissions of the parties as also

Patna High Court CR. MISC. No.26857 of 2025(2) dt.14-05-2025 2/3 that the petitioner owns the motorcycle was not at the spot, having no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Akorhigola P.S. Case No. 279 of 2024 to the satisfaction of learned Exclusive Special Judge, Court No.1, Rohtas at Sasaram subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

Patna High Court CR. MISC. No.26857 of 2025(2) dt.14-05-2025 3/3 (iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T