Patna High CourtCR. MISC./45882/2024bail granted

Gautam Kumar v. The State Of Bihar

2024-07-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45882 of 2024 Arising Out of PS. Case No.-206 Year-2024 Thana- Excise P.S. District- Sheikhpura ====================================================== Gautam Kumar S/o Sita Ram Bind R/o Village - Kushokhar, PO- Chakanda, PS- Chewada, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bajarangi Lal, Adv For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sheikhpura Excise P.S. Case No. 206 of 2024 dated 05.05.2024 registered for the offences punishable u/s 30(a), 32, 41, 56(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 40 litres of illicit country made liquor and liquor making apparatus were recovered from the field and 10 litres of illicit country made liquor was recovered from the gallon from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.45882 of 2024(2) dt.02-07-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The recovery has been made from an open place which is accessible to anyone. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Sheikhpura Excise P.S. Case No. 206 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T