Anand Kumar Gupta @ Lalu And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48085 of 2017 Arising Out of PS.Case No. -442 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. ANAND KUMAR GUPTA @ LALU, son of Late Gopal Prasad Gupta

2. Sunil Kumar, son of Sudershan Ram, both resident of village Stuarganj Mohania, P.S. Mohania, District Kaimur at Bhabua .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Mohnia P.S.Case No. 442/2017, Excise Case No. 1337/2017 registered for the offences punishable under sections 30(a), 38 of the Bihar Prohibition and Excise Act.

Allegation against the petitioners is of recovery of 16.5 litres of liquor from each petitioner and it appears that the petitioners are accused in one more case.

Submission of the learned counsel for the petitioners is that the petitioners undertake to abide by the conditions imposed on them and they are in custody for two months. Heard learned A.P.P. also.

Having heard both sides and in view of the recovery as well as criminal antecedent, this application is disposed of with a

Patna High Court Cr.Misc. No.48085 of 2017 (2) dt.12-10-2017 direction to the trial court that once charge has been framed in this case or the petitioner completes the period of three months in judicial custody, whichever is earlier, the petitioner shall be released on bail by the trial court to its satisfaction. (Vinod Kumar Sinha, J) Surendra/- U