Patna High CourtCR. MISC./318/2024allowed

Vijay Kumar Gupta v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.318 of 2024 Arising Out of PS. Case No.-821 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vijay Kumar Gupta Son of Hari Lal Shah@ Hari Lal Saw Resident of Agamkuan Tulsi Mandi ,Gulzarbagh,P.S.-Alamganj,District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the IPC and sections 30(a), 32(2), 36, 41(i) of the Bihar Prohibition & Excise Act.

3. The petitioner is said to have been apprehended with a pick up van bearing registration no. BR02GC-5841 from where, total 421.5 liters of illicit liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner is only driver of the seized vehicle and he has no concern with the

Patna High Court CR. MISC. No.318 of 2024(2) dt.12-01-2024 2/2 alleged recovery of illicit liquor. The petitioner is languishing in judicial custody since 2.11.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

7. Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 821 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1-Cum-Additional District and Sessions Judge, Vaishali at Hajipur.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T