Gandhi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54872 of 2022 Arising Out of PS. Case No.-249 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== Gandhi Kumar Son of Baijnath Yadav Resident of Village - Ghoghsam, P.S.- Simri Bakhtiyarpur, Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Raghopur P.S. Case No. 249 of 2022, lodged under Sections 30(a)/32 (ii) (iii)/36/41/32(i) of Bihar Prohibition and Excise Act as amended 2018 read with Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

As per the prosecution case, the total recovery of 1390.500 liter of wine is subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel further submits that the alleged recovery was made

Patna High Court CR. MISC. No.54872 of 2022(2) dt.26-11-2022 2/2 from a truck standing there in which driver and khalasi were sitting. He also submits that petitioner was not apprehended from the place of occurrence rather he was arrested upon chase by the police. Learned counsel further submits that antecedent of the petitioner is clean and he is in custody since 23.06.2022 and charge-sheet has already been filed in this case. Learned A.P.P. for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Misc. Special Judge, Excise Court No. 2, Supaul in connection with Raghopur P.S. Case No. 249 of 2022 corresponding S. Tr. Excise No. 557 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J) prakashmani/- U T