Uday Gupta @ Uday Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64671 of 2022 Arising Out of PS. Case No.-547 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== Uday Gupta @ Uday Kumar Gupta S/O Surajmal Sah R/V- Dehri-On-Sone, P.S.- Dehri-On-Sone, District- Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlendra Pd. Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 32, 36, 41 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 800 litres of illicit spirit from the building of transport agency. One person was apprehended from spot who disclosed his name as Md. Ahmed. Apprehended person disclosed the name of petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is innocent and

Patna High Court CR. MISC. No.64671 of 2022(2) dt.02-12-2022 2/3 has committed no offence. Petitioner has no concern with the alleged recovery and due to business rivalry the name of petitioner has sprang up in this case. The petitioner is an old man and he is suffering from heart ailment since long and he never used to go anywhere. The name of the petitioner has been disclosed in this case by apprehended co-accused person. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

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

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Daudnagar P.S. Case no. 547 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.64671 of 2022(2) dt.02-12-2022 3/3 learned Special Judge Excise IInd, Aurangabad, Bihar subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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