Gupteshwar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64222 of 2022 Arising Out of PS. Case No.-115 Year-2022 Thana- PIRO District- Bhojpur ====================================================== GUPTESHWAR KUMAR SINGH S/O SHANKAR DAYAL SINGH Resident of village- Harpokhaar, P.S.- Piro, District- Bhojpur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Jitendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Piro P.S. Case No. 115 of 2022, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 52.2 litres of illicit liquor from the shop of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is

Patna High Court CR. MISC. No.64222 of 2022(3) dt.18-01-2023 2/3 languishing in custody since 13.07.2022. The learned counsel for the petitioner has submitted that the shop in question from which illicit liquor has been recovered does not belong to the petitioner solely but it is a joint family property, hence, the petitioner cannot be solely held responsible for the alleged recovery.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the period of incarceration of the petitioner apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.64222 of 2022(3) dt.18-01-2023 3/3 two sureties of the like amount each to the satisfaction of learned Additional Special Excise Judge-II/Excise Judge, Bhojpur, Ara in connection with Piro P.S. Case No. 115 of 2022.

(Mohit Kumar Shah, J) kanchan/SonalU T