Patna High CourtCR. MISC./797/2018bail granted

Shankar Prasad Gupta v. The State Of Bihar

2018-01-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.797 of 2018 Arising Out of PS.Case No. -229 Year- 2017 Thana -LAUKHA District- MADHUBANI ====================================================== SHANKAR PRASAD GUPTA S/o Parshuram Sah @ Parshuram Prasad Gupta R/o Village - Dhatta, P.S. Lalmaniya (O.P.), Distt. - Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Bharti For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Laukaha P.S. Case No. 229 of 2017, corresponding G.R. No. 662 of 2017 for the offences punishable under Sections 272,273 and section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 548 bottles of illicit liquor from santro car and the petitioner is said to have apprehended from the said car.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, he was only a co-passenger in the said car and he is neither the owner nor the driver of the said car. It is further submitted that the

Patna High Court Cr.Misc. No.797 of 2018 (2) dt.18-01-2018 2/2 petitioner has a clean antecedent and he is in custody since 7.10.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge (Excise), Madhubani in connection with Laukaha P.S. Case No. 229 of 2017 dated 7.10.2017.

(Mohit Kumar Shah, J) BTiwary/- U T