Patna High CourtCR. MISC./46736/2021bail granted

Gaurav Kumar v. The State Of Bihar

2021-11-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46736 of 2021 Arising Out of PS. Case No.-725 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== GAURAV KUMAR Son of Arun Kumar Gupta Resident of Basbaria Mehsaul, Ward No. 11, P.S.- Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mrs. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 414, 420, 120B of the Indian Penal Code and under Section 30 (a), 36, 41 (1) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 206 liters of foreign liquor has been recovered from two cars and two motor cycles and eight persons were apprehended on the spot. Name of this petitioner transpired in this case on the basis of disclosure made by the accused persons, who were apprehended on the spot. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way

Patna High Court CR. MISC. No.46736 of 2021(2) dt.16-11-2021 2/2 concerned with the alleged recovery. Petitioner claims clean antecedent and is in custody since 15.04.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Sitamarhi in connection with Sitamarhi PS case No.725/2020.

(Prabhat Kumar Singh, J) BKS/- U T