Goutam Kumar @ Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38617 of 2025 Arising Out of PS. Case No.-346 Year-2025 Thana- SASARAM NAGAR District- Rohtas ====================================================== Goutam Kumar @ Gautam Kumar S/O Dileep Mahato @ Dilip Mahto Village- Bhartiganj, PS- Sasaram Town, Dist.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 43.635 litres foreign liquor was recovered from the spot along with one motorcycle of which this petitioner is owner.
4. Learned counsel for the petitioner submits that no incriminating material has been recovered either from conscious possession of the petitioner or from his seized motorcycle. Petitioner has got no concern with the alleged recovery and he has been made accused merely because his motorcycle was parked near the place of recovery. Petitioner has got one criminal antecedent of similar nature, in which he is on bail.
Patna High Court CR. MISC. No.38617 of 2025(2) dt.30-06-2025 2/2
5. Considering the nature of accusation and place of recovery, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 Exclusive Special Judge, Excise Court No. 2, Rohtas at Sasaram in connection with Sasaram (Town) P. S. Case No. 346 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T