Yogendra Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43424 of 2019 Arising Out of PS. Case No.-17 Year-2016 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== YOGENDRA PRASAD GUPTA Son of Devi Dayal Sah Village - Chaudirayana Dhuragali, P.S.- Ara Town, District - Bhojpur (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vinay Krishna, Inspector, E O U ,Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Nath Sinha For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Economics Offence Case No. 17 of 2016, instituted for the offence under Section(s) 30(A), 38 and 41 of Bihar Prohibition and Excise Act, 2016. Counsel for the petitioner submits that petitioner is in custody since 17.5.2019. There is no recovery from his possession. The recovery has been made from the truck as mentioned in the written report.

It is alleged in the written report that two Scorpio vehicles were following the truck. Petitioner is said to be owner of one of the Scorpio vehicles. It is further alleged that 3555 litres of foreign liquor has been recovered from the truck

Patna High Court CR. MISC. No.43424 of 2019(3) dt.08-08-2019 2/2 bearing registration No.HR-47C-2679.

Petitioner is in custody since 17.5.2019 having clean antecedent.

Keeping in view the period spent by the petitioner in custody and having no recovery from his possession, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II cum Special Judge (Excise), Buxar, in connection with Economics Offence Case No. 17 of 2016, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T