Gautam Kumar @ Gautam Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6134 of 2025 Arising Out of PS. Case No.-212 Year-2024 Thana- BIKRAMGANJ District- Rohtas ====================================================== Gautam Kumar @ Gautam Paswan Son of Surendra Ram @ Surendra Paswan @ Babar Paswan Resident of Village- Sakla Bazar, P.S.- Karakat, DistrictRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Kant, Advocate Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Excise Case no. 1184 of 2024, arising out Bikramganj P.S. Case no. 212 of 2024 registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, seeing the police personnel, an accused who made an attempt to escape was caught and 5 litres of country liquor was recovered from his possession. It is further stated that on enquiry he disclosed that the same belongs to the petitioner herein.

4. Learned counsel for the petitioner submits neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. The only material against

Patna High Court CR. MISC. No.6134 of 2025(2) dt.24-02-2025 2/2 him is the statement of a co-accused made before police. The petitioner has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., no incriminating article having been recovered from the petitioner's possession and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Excise Case no. 1184 of 2024 (arising out Bikramganj P.S. Case no. 212 of 2024) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Speical Judge, Excise Court No.1, Rohtas at Sasaram. (Partha Sarthy, J) avinash/- U T