Gautam Kumar @ Nandu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72430 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- EAST CHAMPARAN GRP CASE District- East Champaran ====================================================== Gautam Kumar @ Nandu Son of Mahesh Das, Resident of Village-Mauje Maisthan (Gamhariya Anandasagar), P.S. Raxaul, District-East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Jeet For the Opposite Party/s :

Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rail Raxaul P.S. Case No. 53 of 2018 for the offences punishable under Section 401 of the Indian Penal Code and Section 37(b) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding the petitioner having been apprehended by the Police, moving in suspicious circumstances at the Railway Station and from his possession one knife and one scissor were recovered as also smell of liquor was coming out from the mouth of the petitioner.

The learned counsel for the petitioner submits that the petitioner has not committed any offence and has been falsely implicated in the present case. It is further submitted that though

Patna High Court Cr.Misc. No.72430 of 2018(2) dt.14-12-2018 2/2 three cases are pending against the petitioner but the petitioner is on bail in the other three cases. Lastly it is submitted that the petitioner is in custody since 22.08.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner, above named, on regular bail immediately upon completion of six month's custody i.e. from 22.08.2018 subject to such conditions as may be imposed by the learned trial court i.e. Special Judge Excise, East Champaran at Motihari in connection with Rail Raxaul P.S. Case No. 53 of 2018.

The petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) S.Sb/- U T