Patna High CourtCR. MISC./17735/2024bail granted

Gautam Kumar v. The State Of Bihar

2024-03-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17735 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Gautam Kumar S/O Jatan Chauhan R/O Village- Shekhar Bigha, P.OSarmera, P.S- Sarmera, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Excise Case No. 17 of 2024, arising out of Khagaul P.S. Case No. 02 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 110 liters liquor was recovered from one scooty and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.17735 of 2024(2) dt.11-03-2024 2/2 with the alleged recovery of liquor. It is further submitted that petitioner is neither driver nor owner of the scooty, rather he was a passerby of that way. The petitioner is in custody since 01.01.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Excise Case No. 17 of 2024, arising out of Khagaul P.S. Case No. 02 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T