Vinod Gupta @ Vinod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33114 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- BAGHA District- West Champaran ====================================================== Vinod Gupta @ Vinod Sah S/O Patathar Gupta @ Pathal Sah R/O Chhatrol, P.S- Bagaha, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Milind Kumar Mishra, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-05-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Bagaha P.S. Case No. 75 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 150 litres of IMFL/country made liquor from the bag.

4. It is submitted by learned counsel for the petitioner that on the basis of disclosure made by apprehended co-accused persons, namely, Ramsurat Yadav and Balister Yadav, name of petitioner transpired with present case, sufficient to suggest that

Patna High Court CR. MISC. No.33114 of 2025(2) dt.19-05-2025 2/3 alleged recovery was not made from his physical possession. It is submitted that petitioner found involved in two more criminal cases, where one is of similar nature and in both cases, petitioner is on bail.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as alleged recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Bagaha, West Champaran/concerned Court, where the case is pending in connection with Bagaha P.S. Case No. 75 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS, with further conditions:- (i) That the petitioner shall not involve in similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the learned Trial

Patna High Court CR. MISC. No.33114 of 2025(2) dt.19-05-2025 3/3 Court itself for the cancellation of bail bond of the petitioner.

(Chandra Shekhar Jha, J) veena/- U T