Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15330 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- CHAKIA District- East Champaran ====================================================== Gautam Kumar S/O Surendra Paswan R/O Vill.- Barmadiya Ward No. 3, P.S.- Chakia, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suraj Kumar Tiwari, Adv For the Opposite Party/s :
Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends his arrest in connection with Chakia P.S. Case No. 10 of 2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.
3. From perusal of the first information report as also the seizure list, it would appear that upon secret information, 53.67 liters of foreign liquor was recovered behind the poultry farm hidden under the heap of straw. It is stated that petitioner fled away from the place of occurrence after seeing the police.
4. The learned counsel for the petitioner submits that it would be clear from the FIR itself, that seizure has been made behind the poultry farm, an area which can be accessed by
Patna High Court CR. MISC. No.15330 of 2025(2) dt.02-04-2025 2/2 anyone. It is also submitted that there is no independent witness to the seizure list, therefore, the mandatory provisions of search and seizure has been violated.
5. Considering the facts and circumstances and also considering that the petitioner has clean antecedent, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Motihari, East Champaran in Chakia P.S. Case No.10 of 2025, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall cooperate in investigation/ trial. (Soni Shrivastava, J) N.K/- U T