Patna High CourtCR. MISC./33060/2020bail granted

Gopal Kumar @ Gopal Jha v. The State Of Bihar

2021-03-09Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33060 of 2020 Arising Out of PS. Case No.-132 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== GOPAL KUMAR @ GOPAL JHA, S/o S/o Niteshwar Jha @ Lataru Jha R/o village- Sanjat, P.S.- Bhagwanpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-03-2021 Heard Mr. Nachiketa Jha, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Bhagwanpur P. S. Case No. 132 of 2020, dated 24.06.2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

There appears to be a recovery of 1.8 litres of liquor from behind the house of the petitioner. The learned counsel for the petitioner has submitted that assuming but not admitting the aforesaid fact, the recovery is from an open space and not from a

Patna High Court CR. MISC. No.33060 of 2020(2) dt.09-03-2021 2/2 closed space and therefore such recovery cannot be saddled upon the petitioner.

The petitioner has no criminal antecedents.

Considering the aforesaid two facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. 2nd - cum - Special Judge, Excise Act, Begusarai, in connection with Bhagwanpur P. S. Case No. 132 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T