Gyan Prakash Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64451 of 2019 Arising Out of PS. Case No.-941 Year-2019 Thana- NAWADA District- Nawada ====================================================== GYAN PRAKASH GUPTA Son of Vishundeo Sah Resident of Mohalla - Patel Colony, Sandalpur more, P.S.- Bahadurpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nawada (Town) P.S. Case No.941 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of checking of the vehicles by the informant and other police personnel, one pickup van bearing Registration No.BR01GG-5300 was stopped. The driver of the aforesaid pickup van disclosed his name as Munna Kumar. On search of the pickup van, one bottle of 180 ml. Indian Made Foreign Liquor was recovered. Learned counsel for the petitioner submits that, in fact, the petitioner is the owner of the seized pickup van from

Patna High Court CR. MISC. No.64451 of 2019(2) dt.04-11-2019 2/2 which the alleged recovery is said to be made. The said pickup van was being driven by the driver of the petitioner, who was apprehended on the spot. The petitioner had no knowledge about keeping of the liquor by the driver in his pickup van. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his 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, Nawada, in connection with Nawada (Town) P.S. Case No.941 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T