Gautam Kumar @ Gautam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14416 of 2022 Arising Out of PS. Case No.-273 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== GAUTAM KUMAR @ GAUTAM SINGH Son of Bhim Singh Resident of Mohalla - Kaziwalichak, P.S. - Tatarpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Masleh Uddin Ashraf, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation is of 218 bottles of 375 ml. each i.e. 81.750 litres of liquor from a Tata Indica Car.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. He further submits that petitioner came to be implicated as he is the owner of the

Patna High Court CR. MISC. No.14416 of 2022(2) dt.15-07-2022 2/2 car and co-accused Anil Kumar Thakur disclosed the same. He also submits that petitioner was completely unaware that Anil Kumar Thakur was misused his vehicle being a friend which he had taken for some work.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sabour-Goradih P.S. Case No. 273 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T