Muna Prasad Gupta @ Munna Prasad Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19180 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -DAUDNAGAR District- AURANGABAD ======================================================
1. Muna Prasad Gupta @ Munna Prasad Gupta S/o-Sri She Narayan Sao @ Shivnarayan Saw, R/o of Vill+ Post-Aranda, P.S.-Obra, DistrictAurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Daudnagar P.S. Case No. 41 of 2018 registered under Section 30 (a) and 37 (b) (c) of the Bihar Prohibition and Excise Act, 2016.
295 liters of country made liquor is said to have been recovered from the bank of the canal allegedly concealed by the petitioner and motorcycle of the petitioner was also recovered from the place of occurrence and the petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been
Patna High Court Cr.Misc. No.19180 of 2018 (02) dt.26-04-2018 2/ 2 falsely implicated in this case while he was passing through the aforesaid place of occurrence. He has no concern with the seized liquor or the place of occurrence. The aforesaid place is open place and is accessible to anyone. He has no criminal antecedent and has been languishing in custody since 13.02.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge Excise, Aurangabad in connection with Daudnagar P.S. Case No.41 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T