Patna High CourtCR. MISC./53381/2023bail granted

Bhola Sao @ Bhola Gupta v. The State Of Bihar

2023-08-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53381 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== BHOLA SAO @ BHOLA GUPTA SONOF SRI RAMASHISH SAO @ RAMASHISH SAH R/O-LALBANGLA TRILOKI NAGAR, P.S.-DALMIYA NAGAR, DISTT.-ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rail Sasaram (Dehri) P.S. Case No. 95 of 2023 dated 9.6.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 307 litres of illicit country made liquor is alleged to have recovered when the same was being unloaded from the train and the co-accused, Rinku Kumar Gupta was apprehended who disclosed the names of the petitioner and other co-accused persons.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.53381 of 2023(2) dt.25-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The name of the petitioner has sprung up in the confessional statement of co-accused, Rinku Kumar Gupta. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 10.6.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Rail Sasaram (Dehri) P.S. Case No. 95 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T