Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29397 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- PHULWARIA District- Begusarai ====================================================== GAUTAM KUMAR SON OF RAMTANUJ SINGH @ RAMANUJ SINGH RESIDENT OF VILLAGE- KORJANA WARD NO. 2, PSCHERIYABARIYARPUR, DISTT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Phulwaria P.S. Case No. 35 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

As per prosecution case, there is alleged recovery of 588.240 liter illicit whiskey liquor from the Tata vehicle in question and petitioner is apprehended on spot. Learned counsel for the petitioner submits that petitioner is in custody 15.02.2023 and bears no criminal antecedent. He further submits that petitioner is quiet innocent and has falsely been implicated in this case. Nothing has been

Patna High Court CR. MISC. No.29397 of 2023(2) dt.15-05-2023 2/3 recovered from the conscious possession of the petitioner. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released 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 Learned Exclusive Special Judge, Excise-1st, Begusarai in connection with Phulwari P.S. Case No. 35 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife of the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.29397 of 2023(2) dt.15-05-2023 3/3 for cancellation of bail.

(Alok Kumar Pandey, J) niku/amitU T