Gautam Giri @ Gautam Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42638 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- SARAI District- Vaishali ====================================================== GAUTAM GIRI @ GAUTAM KUMAR GIRI, aged about 30 years (M) son of Arun Giri, resident of Kutubpur, P.S. Mahua, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sarai P.S. Case No. 43 of 2020 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise act, 2016. The allegation is regarding recovery of 1238.4 litres of illicit Indian made foreign liquor from the boring room situated in the agricultural field of the co-accused person namely Madhusudan Singh and the petitioner was named by the co-villager to be one of the perpetrators of crime. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 24.01.2021. Per contra, the learned counsel for the State has

Patna High Court CR. MISC. No.42638 of 2021(2) dt.15-12-2021 2/2 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein and the fact that admittedly the place from where the illicit liquor has been recovered, does not belong to the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Vaishali at Hajipur in connection with Sarai P.S. Case No. 43 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T