Patna High CourtCR. MISC./75104/2024bail granted

Durgesh Kumar Gupta v. The State Of Bihar

2024-10-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75104 of 2024 Arising Out of PS. Case No.-267 Year-2024 Thana- DURAULI District- Siwan ====================================================== Durgesh Kumar Gupta Son of Raju Prasad Gupta Resident of Village- Darauli P.S.- Darauli, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mrs. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-10-2024 Heard the learned counsel for the parties.

2. The petitioner seeks regular bail in connection with Darauli P.S. Case No. 267 of 2024 registered for the offence under Sections 30(a)/36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 200 litres of desi mahua liquor was recovered from the bank of river.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 26.08.2024.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and also considering the period of custody, this application for regular bail is allowed.

Patna High Court CR. MISC. No.75104 of 2024(2) dt.23-10-2024 2/2

7. Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise 1, Siwan in connection with Darauli P.S. Case No. 267 of 2024, subject to the condition that the petitioner will mark his attendance at Darauli Police Station on First and Third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

8. The petitioner shall deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) in Ramkrishna Mission Ashrama, Chapra and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

(Sandeep Kumar, J) Ranjeet/- U T