Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22579 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== Gaurav Kumar Son Of Ramkeshwar Singh R/V -PANSALLA Ward No 14 Ps -LAKHO Dist -BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh Mrs. Divya Bharti For the State :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Amendment Act.

3. Perusal of the first information report and the seizure list, would go to show that 276.480 liters of foreign liquor is said to have been recovered from the pick-up van.

4. It is submitted by learned counsel for the petitioner that as a matter of fact, nothing was recovered from the physical and conscious possession of the petitioner and he was not arrested on the spot. However, the name of the petitioner has surfaced in the present case on disclosure made by spy and local

Patna High Court CR. MISC. No.22579 of 2025(3) dt.22-05-2025 2/3 villagers that the said pick-up van belongs to the petitioner. It is a fact that the pick-up van belongs to the petitioner but the seized liquor does not belong to the petitioner and he was neither aware any such material being carried in his pick-up van. Further, there is no independent witness to the seizure list and the petitioner is in custody since10.03.2025.

5. Learned APP for the State opposes the prayer for bail on the ground that petitioner has ten criminal antecedents out of which four cases are of similar nature. In response to the same, learned counsel for the petitioner submits that the petitioner is on bail in all the cases.

6. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Begusarai Excise P.S. Case 85 of 2025, subject to the further condition that:

(i) The petitioner shall cooperate in the investigation/trial.

(ii) The one of the bailors will be a family

Patna High Court CR. MISC. No.22579 of 2025(3) dt.22-05-2025 3/3 member/close relative.

(iii) In case the charge-sheet has not been submitted, the petitioner would make himself available at the local police station before the Investigating Officer at an interval of 15 days till the submission of charge sheet and in case, charge-sheet has already been submitted, the petitioner would appear before the learned Court below on each and every date till the framing of charge.

(iv) The court below shall verify the criminal antecedent of the petitioner and in case 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, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) devendra/- U T