Gaurav Shishodiya @ Gaurav Rana v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34891 of 2023 Arising Out of PS. Case No.-114 Year-2017 Thana- KOTWA District- East Champaran ====================================================== Gaurav Shishodiya @ Gaurav Rana Son of Nepali Singh @ Nepal Singh Resident of House No.- 31, New Durga Nagar, P.S.- Sector - 9, District - Ambala (Haryana) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Tiwary, Advocate For the Opposite Party/s :
Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has preferred this application for grant of regular bail in connection with Kotwa P.S Case No.114 of 2017 dated 19.06.2017 registered for the offences punishable u/s 30 (a) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, recovery is of total 2450.16 liters of foreign liquor from a stranded Tata 109 vehicle by the side of the road.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.34891 of 2023(2) dt.25-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither the driver nor owner of the vehicle. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.11.2022.
Learned A.P.P for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Chmparan at Motihari, in connection with Kotwa P.S Case No.114 of 2017. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/ Kaushik/- U T