Patna High CourtCR. MISC./65330/2023allowed

Sandeep Gupta v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65330 of 2023 Arising Out of PS. Case No.-416 Year-2023 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Sandeep Gupta Son Of Vashishth Narayan Resident Of Village - Ranjit Colony, Bahadur Garh, P.S. - City Thana, District - Jhajjar (Hariyana) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 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 sections 30(a), 32(3) of the Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of total 408 liters of illicit liquor from a Tata Nexon vehicle bearing Registration No. BR01EH-7108 and the petitioner is said to be apprehend on spot with the seized vehicle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. He has also no concern with the alleged recovery or with the vehicle in question. No any incriminating article has been recovered from

Patna High Court CR. MISC. No.65330 of 2023(2) dt.17-10-2023 2/2 his conscious possession. The petitioner is languishing in judicial custody since 29.6.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. The petitioner, being driver of the seized vehicle, is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

7. Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with P.R. No. 416 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 Special Judge Excise No.II, Kaimur at Bhabhua.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) in the account of the concerned DLSA.

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