Goutam Kumar @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47418 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- BELDOUR District- Khagaria ====================================================== GOUTAM KUMAR @ GAUTAM KUMAR S/o RAMKRISHNA YADAV R/o VILLAGE-MALI, P.S-BELDOUR, DISTRICT-KHAGARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(g) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on information having been received it is stated that a raid was conducted and 80 litres of cough syrup was recovered. One accused, namely, Abhinandan Kumar was arrested and he disclosed the name of the three other accused persons who managed to escape which included the petitioner herein.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.47418 of 2021(4) dt.09-02-2022 2/2 He is in custody since 4.3.2021 and has no antecedent under the Bihar Prohibition and Excise Act, 2016. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, the petitioner is directed to be enlarged on bail in connection with Beldour P.S. Case no. 12 of 2021 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 Special Judge, Excise, Khagaria.

(Partha Sarthy, J) Spd/- U T