Gautam Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.7765 of 2017 (2) dt.21-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7765 of 2017 Arising Out of PS.Case No. -945 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. Gautam Kumar son of Amerkan Paswan resident of village - Pareb, P.S. - Bihta, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 18.12.2016 in connection with Bihta P.S. Case No. 945 of 2016 registered under Sections 30(a), 37(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. Nothing has been recovered from the conscious possession of the petitioner. In fact, the alleged recovery was made below the Koelwar bridge, which is a public place. There is no concern of the petitioner with the alleged recovery. The petitioner is rotting in custody for the last three months.

Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.7765 of 2017 (2) dt.21-03-2017 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Danapur in connection with Bihta P.S. Case No. 945 of 2016. (Arvind Srivastava, J) brajesh/- U T