Arun Kumar Gupta @ Arun Gupta @ Arun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39191 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

Arun Kumar Gupta @ Arun Gupta @ Arun Prasad Son Of Late Munilal Sah @ Muni Saw Resident Of Village- Trigun More, Shiv Mandir, Ward No.- 33, P.S.- Dehri (Town), Distt- Rohtas 2.

Vikash Kumar @ Lallu Sri Arun Kumar Gupta @ Arun Gupta @ Arun Prasad Resident Of Village- Trigun More, Shiv Mandir, Ward No.- 33,. P.S - Dehri (Town), Distt- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No 13, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned APP for the State

2. The petitioners apprehend their arrest in connection with Dehri Town P.S Case No. 83 of 2024 registered for the offences punishable under Sections 30(a) of Bihar Prohibition & Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 1117.26 litres of illicit foreign liquor were recovered from the vehicle.

4. Learned counsel for the petitioners submits that petitioners have been falsely been implicated in this case. It is also submitted that petitioners are neither driver nor owner of

Patna High Court CR. MISC. No.39191 of 2024(3) dt.02-08-2024 2/2 the vehicle in question. Petitioners are not arrested on the spot, nothing recovered from the conscious possession of the petitioners and they have no concern with the seized liquor. It is next submitted that petitioner have got no criminal antecedent as stated in para 3 of the bail petition.

5. Learned counsel for the State opposes the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioners, let the above named petitioners be released on bail in the event of their arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram in connection with Dehri Town P.S Case No. 83 of 2024 subject to the condition laid down under Section 438(2) of Cr.P.C.

(Ramesh Chand Malviya, J) Mayank/- U T