Gunjan Sharma @ Gunjan Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19960 of 2025 Arising Out of PS. Case No.-10 Year-2024 Thana- SINDHUGAR District- Gaya ====================================================== Gunjan Sharma @ Gunjan Gautam Kumar S/o Chitranjan Sharma Resident of Village- Beladih, Police Station- Belaganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-04-2025 Heard Mr. Arvind Kumar, learned counsel for the petitioner and Ms. Sucheta Yadav, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sindhugadh P.S. Case No. 10 of 2024, F.I.R. dated 22.03.2024 for the offences punishable under Sections 468 and 471 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. According to prosecution case, there is recovery of various types of illicit liquor.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R is false and fabricated. He further submits that it appears from the F.I.R
Patna High Court CR. MISC. No.19960 of 2025(2) dt.24-04-2025 2/3 and seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from vehicle in question. The petitioner has no concerned with the alleged recovery of liquor or the vehicle in question and the name of the petitioner has been transpired on the basis of the disclosure made by the co-accused person, namely, Dipak Kumar Chaudhary and except the aforesaid no other cogent material came during the investigation, which suggests the involvement of the petitioenr in the present occurrence.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R and apart from that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Exclusive Special Excise Court No. V, Gaya in connection with Sindhugadh P.S. Case No. 10 of 2024, subject to the conditions as laid down under
Patna High Court CR. MISC. No.19960 of 2025(2) dt.24-04-2025 3/3 Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Jyoti Kumari/- U T