Sheshnath Gupta @ Sheshnath Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52808 of 2021 Arising Out of PS. Case No.-130 Year-2018 Thana- DHANSOI District- Buxar ====================================================== SHESHNATH GUPTA @ SHESHNATH KUMAR GUPTA S/O JANGI SAH R/o village- Kochas, P.S.- Kochas, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Dhansoin PS Case No. 130 / 2018 registered under Sections 272 / 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

Petitioner is said to be the owner of Pick-Up Van which was intercepted by Police and the driver and other persons sitting in the Pick-Up Van succeeded in fleeing away and a total quantity of 820 liters 800 ml of illicit liquor was recovered from the said Pick-Up Van.

Learned counsel for the petitioner submits that petitioner has been made accused in this case on the basis of the fact that he happens to be the owner of the Pick-Up Van based upon registration certificate whereas the petitioner had sold the

Patna High Court CR. MISC. No.52808 of 2021(2) dt.06-05-2022 2/2 Pick- Up Van in the year 2014 to one Upendra Singh but the purchaser did not get his name registered as the owner of the said Pick- Up Van from D.T.O. Office. Learned counsel next submits that petitioner has got no criminal antecedent, he is in custody since 04/06/2021 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties, taking into consideration the materials available on record, the fact that petitioner is in custody since 04-06-2021 , charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Special Judge Excise at Buxar in connection with Dhansoin PS Case No. 130 / 2018. (Anil Kumar Sinha, J) praful/- U T