Ashok Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85361 of 2019 Arising Out of PS. Case No.-884 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== ASHOK KUMAR GUPTA Son of Mahavir Prasad @ Mahabir Sah Resident of Mohalla- Gangjala, Ward No. 11 Saharsa P.S. and District- Saharsa. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner in this case is seeking regular bail in connection with Saharsa Sadar P.S. Case No. 884 of 2019 registered for the offence punishable under Section 37(c) of the Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that there is no recovery of liquor from possession of the petitioner. The petitioner has been apprehended in drunken condition and he is in custody since 27.09.2019.

Learned APP has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that there is no recovery of illicit liquor from possession of the petitioner and he has been made accused in this case by alleging that he was in

Patna High Court CR. MISC. No.85361 of 2019(2) dt.09-01-2020 2/2 drunken condition as also that the petitioner has remained in custody since 27.09.2019, the investigation against him is complete, let the petitioner above named be released on bail in Special (Excise) Case No. 475 of 2019 arising out of Saharsa Sadar P.S. Case No. 884 of 2019 on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge (Excise) Act, Saharsa, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) avin/- U T