Patna High CourtCR. MISC./13623/2024bail granted

Gautam Kumar v. The State Of Bihar

2024-03-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13623 of 2024 Arising Out of PS. Case No.-175 Year-2023 Thana- KARJAIN District- Supaul ====================================================== GAUTAM KUMAR S/O RAJU YADAV @ RAJO YADAV Resident of village- Manikpur ward No. 10, P.S.- Fulkaha, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sessions Trial Excise Case No. 5064 of 2023 arising out of Karjain P.S. Case No. 175 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 135 litres of liquor was recovered from two motorcycles.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle. Petitioner has no

Patna High Court CR. MISC. No.13623 of 2024(2) dt.06-03-2024 2/2 concern with the alleged recovery of liquor. Charge-sheet has been submitted in this case. The petitioner is in custody since 23.12.2023 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sessions Trial Excise Case No. 5064 of 2023 arising out of Karjain P.S. Case No. 175 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T