Munna Kumar Gupta @ Munna Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36583 of 2019 Arising Out of PS. Case No.-353 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== Munna Kumar Gupta @ Munna Gupta, Son of Late Surendra Prasad Gupta, Resident of Purab Mohalla, Mill Road, Mirganj, Ward No.10, Station - Mirganj, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh Kumar Singh For the Opposite Party/s :
Mrs.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2019 Heard learned counsel for the petitioner and learned APP representing the State.
Petitioner, in the present case, is seeking anticipatory bail in connection with Mirganj P.S. Case No. 353 of 2018 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that in the present case on the information of an undisclosed source the vehicle in question which was standing near the Mirganj Machhli Hat was raided by the police party from which the illicit liquors were recovered. The name of the petitioner has transpired in the FIR on the basis of the information said to have
Patna High Court CR. MISC. No.36583 of 2019(2) dt.12-06-2019 2/3 acquired by the informant from the neighbouring people who disclosed the name of this petitioner. The persons who disclosed the name of this petitioner are also not indicated in the FIR. Learned counsel points out from the statements made in paragraph 11 of the petition that the illicit liquors were recovered from a Safari vehicle which is not of the petitioner and it is further stated that the petitioner is a resident of Mill Road, Mirganj which is 3 km away from the alleged place of occurrence. Learned counsel submits that this petitioner has clean antecedent and at this stage where there is no prima-facie allegation to support the allegations against the petitioner, he may be protected.
Learned APP for the State is present and while opposing the prayer for anticipatory bail he has suggested that since the petitioner has made statement that Safari vehicle does not belong to him, the investigating officer may verify this fact and inform the court below when the petitioner surrenders pursuant to the order of this Court.
Considering the facts and circumstances of the case particularly that according to the petitioner the Safari vehicle does not belong to him, it was found standing 3 km away from the place of occurrence, he has no criminal antecedent and that
Patna High Court CR. MISC. No.36583 of 2019(2) dt.12-06-2019 3/3 at present there is no prima-facie material to support the allegations against him, this Court is inclined to grant anticipatory bail to the petitioner subject to the condition that he surrenders in the court below within a period of two weeks from today. Let in case of arrest or surrender of the petitioner within the aforesaid period, the abovenamed petitioner be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned IInd Additional Sessions Judge-cumSpecial Judge, Excise, Gopalganj in connection with Mirganj P.S. Case No. 353 of 2018, subject to the condition prescribed under Section 438(2) of the Cr.P.C.
The investigating officer will be at liberty to verify the facts as have been submitted by the petitioner and in case he finds that the submissions are wrong, he will be at liberty to file an appropriate application for cancellation of bail bond of the petitioner.
(Rajeev Ranjan Prasad, J) arvind/- U T