Patna High CourtCR. MISC./55229/2023allowed

Amarjeet Kumar Gupta v. The State Of Bihar

2023-08-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55229 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

Amarjeet Kumar Gupta Son Of Late Bhuwal Sah Resident Of VillageMaidaniya, Ps- Mairwa, Dist- Siwan 2.

Amit Kumar Son Of Dadan Sah Resident Of Village- Maidaniya, PsMairwa, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Priyanka Singh For the Opposite Party/s :

Mrs.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioners is that they worked as a liner to facilitate the illegal trade of liquor. Further, there has been recovery of 405 liters of country made liquor from the scorpio vehicle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted

Patna High Court CR. MISC. No.55229 of 2023(2) dt.30-08-2023 2/2 that petitioners have no concern either with the seized vehicle or with seized liquor. Nothing has been recovered from their conscious possession. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 26.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Hussainganj P.S. Case No. 183 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.1, Siwan.

(Sunil Kumar Panwar, J) shubham/- U T