Ashok Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61534 of 2023 Arising Out of PS. Case No.-428 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Ashok Kumar Gupta S/O Baiju Sah R/O- Anand Nagar, Baswariya, Ward No. 27, Ps. Bettiah Town, Dist. West Champaran, Bihar-845449 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Prasad For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, it is a case of recovery of total 2.940 liter illegal foreign liquor from a shop. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery and the same is meager in quantity nor shop in question belongs to him. It is further submitted that no any incriminating article has been recovered

Patna High Court CR. MISC. No.61534 of 2023(2) dt.22-09-2023 2/2 from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 30.06.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bettiah Muffasil P.S. Case No. 428 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Exclusive Excise, Bettiah.

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