Suraj Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2625 of 2021 Arising Out of PS. Case No.-223 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Suraj Gupta Son of Ramkeshwar Sah @ Aklu Sah Resident of Mohalla - Golabendh Road, P.S.- Town, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. A.L. Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-03-2021 Heard Mr. Ravi Ranjan, learned Counsel for the petitioner and Mr. A. L. Pandit, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Muzaffarur Town Police Station Case No. 223 of 2020, disclosing offences under Section 30(a), 41(1) of the Bihar Prohibition and Excise Act.

The allegation, as per the First Information Report is that police got secret information that petitioner along with other accused persons have brought the consignment of illicit liquor through Scorpio vehicle, intercepted the vehicle and recovered a total quantity of 438.22 litres of illicit liquor. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.2625 of 2021(2) dt.16-03-2021 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of secret information received by the police. Learned counsel next submits that the petitioner was arrested in a case relating to Arms Act bearing Muzaffarpur Town P.S. Case No.397 of 2020 and from that case, he has been remanded in the present case. Learned counsel next submits that the petitioner has no concern with the Scorpio vehicle and no illicit liquor has been recovered from the conscious possession or the vehicle belonging to the petitioner and the petitioner is in custody since 22.08.2020 and the chargesheet has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 22.08.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Suraj Gupta, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.2625 of 2021(2) dt.16-03-2021 3/3 satisfaction of learned Special Judge Excise Act, Muzaffarpur, in connection with Muzaffarur Town Police Station Case No. 223 of 2020.

It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) sanjeev/- U T