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Patna High CourtCR. MISC./10902/2022bail granted

Gautam Kumar v. The State Of Bihar

2022-03-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10902 of 2022 Arising Out of PS. Case No.-371 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== GAUTAM KUMAR SON OF MAHENDRA PASWAN RESIDENT OF VILLAGE- SUGAHI, P.S.- GURUA, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priya Ranjan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Excise Case No. 371 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 26.12.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 100 litres of liquor from an auto.

Learned counsel for the petitioner submits that the petitioner is neither the owner nor the driver but was a

Patna High Court CR. MISC. No.10902 of 2022(2) dt.11-03-2022 2/2 passenger and came to be implicated when the search was being made. Learned counsel further submits that petitioner being the passenger was not aware what was kept in the auto. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya in connection with Excise Case No. 371 of 2021.

(Satyavrat Verma, J) Kundan/- U T