Ashok Kumar Gupta @ Ashok Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50952 of 2018 Arising Out of PS.Case No. -251 Year- 2018 Thana -MASHRAK District- SARAN ====================================================== Ashok Kumar Gupta @ Ashok Gupta, Son of Yogendra Sah, Resident of Village- Dumarsan, P.S.- Saraiya, District- Saran (Chapra). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sachida Nand Rai, Advocate. For the Opposite Party : Mr. Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 467, 468, 471 of the IPC, 30, 30(a), 38, and 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 2361.600 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 2361.600 liters wine is recovered from the Truck and Pick-up Van in question. Out of which, 540 liters wine is said to have been recovered from the Pick-up Van in

Patna High Court Cr.Misc. No.50952 of 2018 (2) dt.20-08-2018 2/2 question. The name of the petitioner has come on the basis of seized Pick-up Van. The petitioner is alleged to be owner of the said Pick-up Van. The Pick-up Van is run as a Public Carrier by the driver of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the nature of goods booked by the Transporter. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of 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.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 6th A.D.J. Saran at Chapra, in connection with Masrakh P.S. Case No. 251/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T