Patna High CourtCR. MISC./30110/2020bail granted

Dipak Kumar Gupta @ Deepak Kumar Gupta v. The State Of Bihar

2020-11-26Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30110 of 2020 Arising Out of PS. Case No.-261 Year-2020 Thana- BUXAR District- Buxar ====================================================== DIPAK KUMAR GUPTA @ DEEPAK KUMAR GUPTA S/O Rinku Kumar Gupta R/O Vill. - Majhariya, P.S. - Buxar (Indl,), Dist. - Buxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2020 Heard Dr. Kamal Deo Sharma, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Buxar (T) PS Case No. 261/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.

3. The allegation, as per First Information Report, is that the police intercepted a motorcycle on which two persons were travelling and recovered total quantity of 64.95 litres of illicit liquor from the same.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the motorcycle, from which the alleged recovery has been

Patna High Court CR. MISC. No.30110 of 2020(2) dt.26-11-2020 2/2 made, does not belong to the petitioner. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner nor from the vehicle belonging to him and he is in custody since 23.06.2020.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is not the owner of the motorcycle and he is in custody since 23.06.2020, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, DIPAK KUMAR GUPTA @ DEEPAK KUMAR GUPTA be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Buxar in connection with Buxar (T) PS Case No. 261/2020.

7. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T