Veeru Gop v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72687 of 2022 Arising Out of PS. Case No.-420 Year-2022 Thana- BYPASS District- Patna ====================================================== VEERU GOP S/o Late Nasib Gop R/o - Bahari Dhawalpura, P.S.- Bypass, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar, Advocate For the Opposite Party/s :

Ms.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Bypass P.S. Case No. 420 of 2022, registered for the offences punishable under Sections 30(a) and 37(b)(c) of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 105 litres of illicit country-made liquor from the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he

Patna High Court CR. MISC. No.72687 of 2022(2) dt.10-02-2023 2/3 is languishing in custody since 09.10.2022. The learned counsel for the petitioner has further submitted that since the petitioner is an accused in four other similar type of criminal cases, he has been made an accused in the present case, however, the petitioner is not having any complicity in the matter.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is having a bad antecedent and he has been arrested from the spot, though I am not inclined to grant bail to the petitioner, at the moment, however, I deem it fit and proper to direct for release of the petitioner immediately upon framing of charges by the learned trial Court subject to such conditions as may be deemed fit and appropriate to be imposed by the learned

Patna High Court CR. MISC. No.72687 of 2022(2) dt.10-02-2023 3/3 Court of Special Judge Excise, Patna City, DistrictPatna in connection with Bypass P.S. Case No. 420 of 2022.

The petition stands disposed off with the aforesaid observations and directions.

(Mohit Kumar Shah, J) S.Sb/Saurav U T