Gupesh Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4020 of 2025 Arising Out of PS. Case No.-181 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Gupesh Kumar Gupta S/o Sonelal Sah Resident of village- Mohinin Mandal , P.S. - Suppi District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Mishra For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sadar Excise P.S. Case No. 181/2024 dated 08.10.2024 registered for the offences punishable u/s 30(a) and 32(c) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 138.240 litres of illicit foreign liquor was recovered from the pick-up van.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is driver of the said
Patna High Court CR. MISC. No.4020 of 2025(2) dt.25-02-2025 2/2 vehicle. The petitioner has no concern with the alleged recovery. The petitioner has six antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 09.10.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Sadar Excise P.S. Case No. 181/2024 with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T