Patna High CourtCR. MISC./56504/2018bail granted

Bablu Gupta v. The State Of Bihar

2018-10-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56504 of 2018 Arising Out of PS.Case No. -161 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Bablu Gupta Son of Ram Narayan Gupta Resident of Village- Gajbor Bigha, P.S. Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Barun P.S. Case No. 161/2018, instituted for the offences under Sections 30(a) and 38 of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that 190 litres of illicit country made liquor has been recovered from the house of this petitioner.

Learned counsel for the petitioner has submitted that petitioner has clean antecedent. He is in custody since 12.08.2018. Seizure-list is part of F.I.R., from which it appears that aforesaid liquor has been recovered from a room which is alleged to be house of the petitioner. It further appears from the seizure-

Patna High Court Cr.Misc. No.56504 of 2018 (2) dt.04-10-2018 2/2 list that nothing has been recovered from conscious possession of this petitioner.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VIIth-cum-Special Judge (Excise), Aurangabad in connection with Barun P.S. Case No. 161/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. The petitioner will file affidavit at the time of release that he would not indulge himself in such type of activities in future. If he is found indulged in such type of activities, his bail bond will be liable to be cancelled.

(Sanjay Priya, J.) Rakhi U T