Patna High CourtCR. MISC./7450/2020allowed

Gautam Kumar @ Babloo @ Bablu Kumar v. The State Of Bihar

2020-02-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7450 of 2020 Arising Out of PS. Case No.-203 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== Gautam Kumar @ Babloo @ Bablu Kumar S/o Late Munna Yadav Resident of Mohalla New Godown, Jheelganj, P.S.- Kotwali, Distt- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Praveen Kumar, Advocate For the Opposite Party :

Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Kotwali P.S. Case No. 203 of 2019, for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that nothing was recovered from conscious possession of the petitioner and he is in custody since 16.01.2020. He submits that co-accused Deepak Kumar has been granted bail by a coordinate Bench of this Court vide order dated 27.06.2019 passed in Cr. Misc. No. 38930 of 2019. He further submits that in the instant case total eight litres of country made liquor was seized.

Considering the fact that nothing has been recovered

Patna High Court CR. MISC. No.7450 of 2020(2) dt.04-02-2020 2/2 from conscious possession of the petitioner and co-accused Deepak Kumar has been granted bail, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise , Gaya in connection with Kotwali P.S. Case No. 203 of 2019. In the event, the petitioner is found involved in similar case in future, the court below shall be at liberty to cancel his bail bonds in the present case. (Anil Kumar Upadhyay, J) BT/- U T