Patna High CourtCR. MISC./57652/2017bail granted

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

2017-12-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57652 of 2017 Arising Out of PS.Case No. -141 Year- 2017 Thana -MEERGANJ District- PURNIA ======================================================

1. Ganesh Gupta @ Ganesh Kumar Gupta, son of Bhola Gupta, resident of Village- Khagaha (Mirganj), P.S.- Mirganj, District- Purnea. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 272, 273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that 50 liters of wine is said to have been recovered from a car in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.10.2017. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 50 litres of wine is recovered from the company of Chandwa Petrol Pump,

Patna High Court Cr.Misc. No.57652 of 2017 (2) dt.18-12-2017 2/2 as per seizure list. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. No compliance of Section 100 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 the learned 3rd Additional Sessions Judge-cum-Special Judge (Excise), Purnea, in connection with Special Excise Case No.2530/2017, arising out of Mirganj P.S. Case No.141/2017.

(Sudhir Singh, J) Amit/- U T