Gopichandra Kushwaha @ Shayamlal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56229 of 2021 Arising Out of PS. Case No.-216 Year-2021 Thana- KESARIA District- East Champaran ====================================================== Gopichandra Kushwaha Son Of Shyamlal Kushwaha @ Shyamlal Resident of Villege - Parsaun, P.s.- Tareya Sujan, Distt.- Kushinagar (Uttar Pradesh) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Kesariya P.S. Case No. 216 of 2021, registered for the offence punishable punishable under Section 413, 414 of the Indian Penal Code and sections 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act, 2016. 558 litres of foreign liquor has been recovered from a tractor and petitioner along with two co-accused persons were apprehended on the spot.
It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither driver nor owner of vehicle in question. Petitioner is in custody since 30.06.2021 having no criminal antecedent, as stated in
Patna High Court CR. MISC. No.56229 of 2021(2) dt.07-12-2021 2/2 para 3 of the petition. Investigation is complete. Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged 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 2nd Additional Sessions Judge-cum-Special Judge Excise, Motihari, East Champaran in connection with Kesariya P.S. Case No. 216 of 2021.
(Prabhat Kumar Singh, J) vinita/- U T