Jai Prakash Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16639 of 2017 Arising Out of PS. Case No. -91 Year- 2016 Thana -BARGANIA District- SITAMARHI ====================================================== Jai Prakash Gupta son of Vijay Kumar Gupta @ Vijay Prasad Gupta, R/o village Bairginia Ward No. 12, P.S. Bairginia, District Sitmarhi .... .... Petitioner

Versus

1. The State of Bihar 2 Union of India through SSB .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Jha, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 14.06.2016 in connection with Bairginia P.S. Case No. 91 of 2016 for the offences alleged under Sections 272 and 273 of the Indian Penal Code and Sections 47 and 53(B) of the Bihar Excise (Amendment) Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 30 bottles of Nepali Saufi Wine containing 9 litres. Recovery of the offending goods from the possession of the petitioner is denied. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 14.06.2016 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bairginia P.S. Case No. 91 of 2016.

(Vikash Jain, J) B.T/Ibrar U T