Manish Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26249 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== Manish Gupta, Son of Dilip Gupta @ Dilip Kr. Gupta, R/o Village + Post Office- Khori Pakar, P.S.- Fefana, District- Balia (U.P.). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. R. Griyaghey Mr. Anshu Dhar Sharma Mr. Ravi Shankar Mr. Sunil Kumar For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 65(0) of 2018 registered under Sections 30(a) and 13 of Bihar Prohibition and Excise Act-2016.

190.08 lts. of foreign liquor is said to have been recovered from Ertiga Maruti Suzuki Car and petitioner who happens to be driver of the said car and co-accused, namely, Prince Tiwary were apprehended while one other accused managed to escape alighting from the vehicle. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.26249 of 2018(3) dt.18-06-2018 2/2 physical possession of the petitioner. He has been falsely implicated in this case. He has no concern with the seized liquor. He happens to be driver of the vehicle in question and was transporting the cartoon without knowing its contents at the instruction of its owner. He has no criminal antecedent. He has been languishing in custody since 29.03.2018. Co-accused, namely, Prince Tiwary has been enlarged on bail by this Court vide order dated 01.05.2018 passed in Cr. Misc. no. 25139 of 2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-2nd-cum-Special Judge, Excise, Buxar in connection with Excise Case no. 65(0) of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T