Patna High CourtCR. MISC./18017/2024bail granted

Gautam Kumar v. The State Of Bihar

2024-03-19Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18017 of 2024 Arising Out of PS. Case No.-190 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Gautam Kumar, S/o Late Ram Sevak Ray R/o Village- Rahimpur Rudauli, P.S.- JMufassil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024

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

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 387 litres of liquor from a pick-up van.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized pick-up van. It is next submitted that how police in a mechanical manner implicated based on the fact that he is owner

Patna High Court CR. MISC. No.18017 of 2024(2) dt.19-03-2024 2/2 of the seized vehicle. It is thus submitted that this perhaps explains how police in a mechanical manner implicates innocent person, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-1, Samastipur in connection with Musrigharari P. S. Case No.190 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T