Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33235 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Gautam Kumar Son of Vijay Prasad R/O Village - Pandey Tola, P.S. - Nautan, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nautan P.S. Case No. 104 of 2024 instituted for the offences under Section 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 86.4 litres illegal liquor from the Grey colour Hyundai Santro car bearing Regd. No. DL2CAD-5484.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.33235 of 2024(2) dt.02-05-2024 2/2 petitioner has no concern with the seized liquor or the vehicle, in question. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 06.03.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nautan P.S. Case No. 104 of 2024. (Rudra Prakash Mishra, J) rajkishore/- U T