Dinesh Gupta @ Dinesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67294 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== DINESH GUPTA @ DINESH KUMAR, aged about 24 years, Male, Son of Ram Narayan Sah, Resident of Village - Kariyaut, P.S.- Laukahi, District - Madhubani ... Petitioner
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Gagan Deo Yadav, Adv.
For the Opposite Party :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Laukaha P.S. Case No. 93 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.
The accusation is that in course of patrolling duty one Scorpio vehicle was stopped, which was going in fast speed. The driver disclosed his name Surendra Paswan and the person who was found sitting behind in the vehicle disclosed his name Shivdutt Yadav. On search of vehicle 1380 bottles, each containing 300 ml of Nepali liquor recovered. Surendra Paswan disclosed that bottles of Nepali liquor, recovered, were loaded by Indal Ram to deliver at the house of the petitioner. The submission of the learned counsel for the
Patna High Court CR. MISC. No.67294 of 2019(2) dt.14-11-2019 2/2 petitioner is that petitioner was not apprehended on the spot nor he is the owner of the seized vehicle rather his name was disclosed by Surendra Ram, the driver of the vehicle. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Laukaha P.S. Case No. 93 of 2019 shall be released 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 the Additional Sessions Judge II-cumSpecial Judge, Excise Act, Madhubani, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J) Shamshad/- U T