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Patna High CourtCR. MISC./14692/2025allowed

Gautam Kumar @ Gautam Kumar Yadav v. The State Of Bihar

2025-03-28Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14692 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- MANIHARI District- Katihar ====================================================== Gautam Kumar @ Gautam Kumar Yadav, son of Muneshwar Yadav, Resident of Village- Malik Pokhar Kanna, P.S- Manihari, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shadab Akhter, Advocate For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Manihari P.S. Case No.08 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is total recovery of 18 litres country made liquor from a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. Nothing has been recovered from conscious possession of the petitioner. Petitioner was not apprehended on the spot. The owner of the motorcycle is Karan Kumar Paswan. Petitioner has no concern with the motorcycle or the seized illicit liquor. Petitioner has one criminal antecedent

Patna High Court CR. MISC. No.14692 of 2025(2) dt.28-03-2025 2/2 in which he is on bail. The petitioner undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J., Exclusive Excise Court No.2, Katihar in connection with Manihari P.S. Case No.08 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T