Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20385 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- Excise P.S. District- Khagaria ====================================================== Gautam Kumar Son of Gopal Yadav Resident of village - Sohma (Ward No.- 09), P.S.- Bithan, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :
Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Khagaria Excise P.S. Case No. 50/2025 dated 11.02.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 113.640 litres of illicit foreign liquor was recovered from the car and a motorcycle was also recovered.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. As per para. 8 of the bail petition,
Patna High Court CR. MISC. No.20385 of 2025(2) dt.16-04-2025 2/2 the petitioner is neither the owner nor the driver of the said car. The petitioner has no concern with the alleged recovery. The petitioner has two antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 12.02.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Khagaria Excise P.S. Case No. 50/2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T