Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37510 of 2020 Arising Out of PS. Case No.-315 Year-2017 Thana- NAWADA District- Nawada ====================================================== Gulshan Kumar, aged about 35 years, male, S/o Mithilesh Singh, Resident of Village- Sighna, P.S.- Rupoh, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-04-2021 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Nawada (Town) P.S. Case No. 315 of 2017, dated 18.05.2017, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

A Bolero vehicle was searched and from

Patna High Court CR. MISC. No.37510 of 2020(2) dt.09-04-2021 2/3 there, liquor was recovered. The aforesaid vehicle stands in the name of one Rajendra Prasad.

The petitioner is being prosecuted in this case on the basis of an affidavit filed by a co-villager that aforesaid Rajendra Prasad had sold the vehicle in question to the petitioner.

The petitioner denies that he has purchased the vehicle from aforesaid Rajendra Prasad.

There is no recovery from the possession of the petitioner and he has no criminal antecedents as well.

Regard being had to the facts afore-stated, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-Cum-Special Judge, Nawada in connection with Nawada (Town) P.S. Case No. 315

Patna High Court CR. MISC. No.37510 of 2020(2) dt.09-04-2021 3/3 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T