Sanjeev Kumar Gupta @ Sanjeet Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51247 of 2022 Arising Out of PS. Case No.-452 Year-2021 Thana- BARUN District- Aurangabad ====================================================== 1.

SANJEEV KUMAR GUPTA @ SANJEET KUMAR GUPTA S/o Jagdish Sah Resident of Village- Sarso Pahi, P.S.- Pandaul, Dist- Madhubani. 2.

Md. Maqsood Alam S/o Md. Noor Hasan Ansari Resident of Village- Sarso Pahi, P.S.- Pandaul, Dist- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30a and other allied sections of the Bihar Prohibition and Excise Act and section 420 and other sections of the Indian Penal Code.

As per the prosecution case, 2681 liters foreign liquor was recovered from the truck.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he

Patna High Court CR. MISC. No.51247 of 2022(2) dt.11-11-2022 2/2 is no way connected with the aforesaid recovery. Petitioner is neither the owner nor the driver of the vehicle in question. Petitioners' name has figured during course of investigation in confessional statement of co-accused. Petitioners have got no criminal antecedent.

Considering the facts of the case, in the event of arrest/surrender, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge cum Special Judge, Excise Act Aurangabad in Barun Police Station Case No. 452 of 2021/GR No. 1863 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T