Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13573 of 2020 Arising Out of PS. Case No.-28 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Gautam Kumar S/o Ram Uday Singh @ Ram Bahadur Singh, Resident of Sihma, Sihamn Barari, Sihamadhih, P.S.-Matihani, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Muffasil P.S. Case No. 28 of 2019 registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.

In the present case, the police had received information that huge quantity of liquor is to be unloaded from a truck, thereafter, they started investigation and reached to Modar, which is near to Hanuman Garhi School, and saw that certain persons were fleeing away. Thereafter, the police party reached to Hanuman Garhi School and where they found that one truck was standing and huge quantity of liquor was stacked. It was transpired during investigation that the said

Patna High Court CR. MISC. No.13573 of 2020(5) dt.05-02-2021 2/2 liquor has been brought at the instance of Gautam Kumar (petitioner), Kanhaiya Kumar and Raju Kumar.

Learned counsel for the petitioner submits that there is no material to show that the petitioner was in any way involved in bringing the said liquor and has wrongly been framed in the present case as well as he has no criminal antecedent, but after examining the case diary and attending circumstances, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for grant of anticipatory bail is rejected. However, if the petitioner surrenders before the court below within four weeks and prays for regular bail, the court below preferably will dispose of the case of the petitioner on the day of surrender.

(Shivaji Pandey, J) Mahesh/- U T