Prakash Gupta @ Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84255 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- NEORA District- Patna ====================================================== Prakash Gupta @ Prakash Kumar Son of Late Brijnandan Gupta R/o vill - Basudha, P.S. - Neora, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Neora P.S. Case No. 35 of 2023, a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act..
3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 58.889 litres of foreign liquor is said to have been recovered from the house of co-accused Sarju Gupta. The local Chaukidar disclosed that the said house belongs to Sarju Gupta but he has given the keys of the house to the petitioner other co-accused persons who
Patna High Court CR. MISC. No.84255 of 2023(2) dt.11-01-2024 2/3 deals in liquor from the said house. No person was apprehended on the spot. Petitioner has got no criminal antecedent mentioned in Para 3 of the bail application.
4. Petitioner is agreed to deposit a sum of Rs. 10,000/- (Rupees Ten Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No. 3332964762, Central Bank of India, Chitkohra Branch, IFSC Code : CBIN0282779 (fifth character is zero), MICR Code : 800016018.
5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Neora P.S. Case No. 35 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:
(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
6. The bail bond of the petitioner shall be accepted by
Patna High Court CR. MISC. No.84255 of 2023(2) dt.11-01-2024 3/3 the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Ranjeet/- U T