Gulshan Kumar @ Gulshan Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33066 of 2020 Arising Out of PS. Case No.-78 Year-2020 Thana- KOTWA District- East Champaran ====================================================== GULSHAN KUMAR @ GULSHAN KUMAR RAM, Son of - Dinesh Ram Resident of Village and P.S.- Kotwa, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-03-2021 Heard Mr. Anshuman Singh, learned counsel for the petitioner and Mr. Shyameshwar Dayal, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kotwa P. S. Case No. 78 of 2020, dated 11.03.2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

On secret information that one Chandan Kumar and the petitioner are selling liquor, a raid was conducted. From the house of aforesaid Chandan Kumar, 23.53 litres of liquor is said to have been recovered. The

Patna High Court CR. MISC. No.33066 of 2020(2) dt.09-03-2021 2/3 petitioner is alleged to have run away from the place of raid.

The learned counsel for the petitioner has submitted that his implication in the present case is absolutely false and concocted.

The petitioner has got no connection either with the seized liquor or with Chandan Kumar. The petitioner is not at all related to aforesaid Chandan Kumar. The petitioner does not have criminal antecedents.

Considering the afore-stated fact, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 7th cum Special Judge of Excise Act, East Champaran at

Patna High Court CR. MISC. No.33066 of 2020(2) dt.09-03-2021 3/3 Motihari, in connection with Kotwa P. S. Case No. 78 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T