Vivekanand Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24519 of 2016 Arising Out of PS.Case No. -105 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ======================================================

1. Vivekanand Gupta son of Sri Yogendra Prasad Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-06-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 47(a) of Bihar Excise (Amendment) Act.

Four bottles Indian made foreign liquor kept in a cartoon were recovered from the hotel of the petitioner for which petitioner is in jail custody since 25.04.2016. Submission on behalf of the petitioner is that mere recovery of Indian made foreign liquor from possession of a person does not constitute any offence.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact

Patna High Court Cr.Misc. No.24519 of 2016 (3) dt.24-06-2016 2/2 that petitioner does not have any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with P.S. Case No. 105 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T