Anshku Gupta @ Ashanku Gupta @ Aashanku Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29058 of 2023 Arising Out of PS. Case No.-371 Year-2022 Thana- MAHUA District- Vaishali ====================================================== ANSHKU GUPTA @ ASHANKU GUPTA @ AASHANKU GUPTA S/O MUKESH KUMAR R/O Village- Agarpur, P.S- Lalganj, Distt.- Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Md. Anbzarul Haque Sahara, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 37(b)(c) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 180 ml. of liquor along with an empty bottle of 750 ml. from Varamdah of Dhaba. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that Dhaba is an open place where customers come for having their food and it appears that someone kept the liquor without the knowledge of the petitioner who is owner of the Dhaba.
Patna High Court CR. MISC. No.29058 of 2023(2) dt.18-05-2023 2/2 Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahua P.S. Case No. 371 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T