Virendra Kumar Gupta @ Virendra Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45466 of 2023 Arising Out of PS. Case No.-594 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Nalanda ====================================================== Virendra Kumar Gupta @ Virendra Prasad Gupta Son Of Shri Naresh Prasad Gupta R/O Mohalla - Mangla Asthan, District - Nalanda. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, Advocate For the State : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) Bihar Prohibition and Excise Act.

As per prosecution case, the petitioner was apprehended on the spot. On search total 199.125 liters illegal liquor was recovered from plastic bags and from open place.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery and seizure list has not

Patna High Court CR. MISC. No.45466 of 2023(2) dt.28-07-2023 2/2 been prepared as per provision of Section 100 of the Cr.P.C.. It is further submitted that nothing has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 06.06.2023 Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 594 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional District and Sessions Judge-cum Special Judge, Excise-II, Nalanda, Biharsharif.

(Sunil Kumar Panwar, J) Manishkumar/- U T