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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51083 of 2017 Arising Out of PS. Case No.-559 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Sunil Kumar Gupta @ Sunil Gupta, son of Jamadar Prasad, resident of village-Dumri, P.S.-Yogapatti, District-West Champaran at Bettiah, presently residing at Uttarwari Dwar, Devi Chowk, Ward No.9, in front of Indian Public School, P.S.-Bettiah Town, District-West Champaran at Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. BHARAT LAL, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offence punishable under Section 30 (a) of Bihar Excise Amendment Act, 2016.

It is contended that, as per allegation, 1277 liters of foreign liquor was recovered from a Pick-up Van. Nothing has been recovered from the possession of the petitioner. The name of the petitioner has come in the confessional statement of co-accused, who was apprehended on the spot. The petitioner was earlier dealer of foreign liquor of Bettiah District. It is urged that the petitioner is in custody since 10.08.2017. It is stated in paragraph 3 of the bail petition that

Patna High Court Cr.Misc. No.51083 of 2017(2) dt.09-11-2017 2/3 the petitioner has also involved in four other cases of similar nature.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 559 of 2017 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Bettiah, West Champaran within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the

Patna High Court Cr.Misc. No.51083 of 2017(2) dt.09-11-2017 3/3 Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T