Gautam Kumar @ Bablu Yadav @ Bablu @ Babloo Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22611 of 2023 Arising Out of PS. Case No.-574 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== GAUTAM KUMAR @ BABLU YADAV @ BABLU @ BABLOO KUMAR Son of Late Munna Yadav Resident of Village-Shahi Majid Road, Nadraganj, P.S.-Civil Line, District-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Priya Ranjan, Advocate For the Opposite Party/s :
Mr. Nityanand, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 179.46 liters of liquor from a truck. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner is a businessman and he had given the truck to the customer and thus was not aware that his truck
Patna High Court CR. MISC. No.22611 of 2023(2) dt.15-05-2023 2/2 would be misused in the manner as alleged in the FIR, it is further submitted that no prudent businessman would use his own vehicle for committing a crime and thus would get implicated easily.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Islampur P.S. Case No. 574 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T