Rahul Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61141 of 2017 Arising Out of PS.Case No. -522 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Rahul Gupta, Son of Shyam Gupta, Resident of Village- Aitwari Hat Road, P.S.- Habibpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nath Nagar (Lalmatia) P.S. Case No.522 of 2017 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 26.6 litres of foreign liquor from an Auto Rickshaw.

The learned counsel for the petitioner submits that the petitioner is innocent inasmuch as he is not the owner of the Auto Rickshaw and he was merely passenger of the said vehicle. It is submitted that the petitioner has got a clean antecedent and is

Patna High Court Cr.Misc. No.61141 of 2017 (2) dt.21-12-2017 2/2 languishing in custody since 21.09.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that he has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Court/Judge, Excise, Bhagalpur in connection with Nath Nagar (Lalmatia) P.S. Case No.522 of 2017. (Mohit Kumar Shah, J) N.H./- U T