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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37199 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- DELHA District- Gaya ====================================================== Suresh Prasad Gupta @ Suresh Kumar Gupta S/O Gopi Sao Mohalla- Chotki Nawada, Videshi Gali, P.S.- Delha, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priya Ranjan, Advocate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Delha P.S. Case No. 60 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3.

As per the prosecution case, on 12.03.2025 when informant along with other police personnel were on patrolling duty got secret information regarding involvement of petitioner in storing foreign liquor in house in railway colony. To verify the same and taking necessary actions police raiding team raided the said house and recovered total 199.5 litres of foreign liquor and the same was seized.

4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.37199 of 2025(2) dt.10-06-2025 2/3 petitioner is quite innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating article has been recovered from the conscious possession or premises belonging to the petitioner. It is submitted that petitioner is neither the owner nor the tenant of the house from which the seized liqour has been recovered. It is further submitted that the name of the petitioner has been implicated in the present case only on the basis of secret information which has no value in the eyes of law. The petitioner has no criminal antecedent. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties and the fact that petitioner is not the allottee, tenant of railway quarter from where liquor has been recovered and the petitioner is having no criminal antecedent, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.37199 of 2025(2) dt.10-06-2025 3/3 the learned court below where the case is pending/successor court in connection with Delha P.S. Case No. 60 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita.

(Anil Kumar Sinha, J) Raj Ranjan/- U T