Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33436 of 2019 Arising Out of PS. Case No.-356 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== GAUTAM KUMAR Son of Awadh Singh Resident of Village - Madhurapur South Tola, Ward No.23, P.S.- Teghra, Dist.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan Sinha For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-05-2019 Heard both sides.

The petitioner apprehends his arrest in Teghra P.S. Case No.356 of 2018 registered under Sections 30(a)(b) of Bihar Prohibition and Excise Act.

The police on information raided the premises of Sanjeev Raman @ Sanjeev Kumar Singh. The driver and codriver of the truck bearing registration No.RJ-20GA-9837 were also arrested. Sangeeta Kumari, wife of Sanjeev Kumar Singh and Rohit Kumar, son of Sanjeev Kumar Singh were also apprehended inside the house from where huge quantity of Indian made foreign liquor was recovered. Sangeeta Kumari and Rohit Kumar are said to have disclosed that in this illegal trade of liquor, petitioner and others were also involved. The learned counsel for the petitioner submits that save and except the so called confession made by Sangeeta Kumari and Rohit Kumar from whose house, huge quantity of liquor was recovered, there is no material to show the involvement of the petitioner. Sangeeta Kumari and Rohit

Patna High Court CR. MISC. No.33436 of 2019(2) dt.21-05-2019 2/2 Kumar have already been granted bail by order dated 01.11.2018 passed in Cr. Misc. No.69827 of 2018. Other accused persons whose names were disclosed by Sangeeta Kumari and Rohit Kumar have also been granted anticipatory bail.

Taking into consideration the facts that save and except the confession of Sangeeta Kumari and Rohit Kumar from whose house, huge quantity of liquor was recovered, there is no material to show the involvement of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai in connection with Teghra P.S. Case No.356 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T