Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51999 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- GADHPURA District- Begusarai ====================================================== GAUTAM KUMAR Son of Jai Jai Ram Yadav Resident of Village - Maheshwara, P.s.- Nowkothi, at present kanaushi, P.S.- Gadhpura, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-02-2022 Heard learned counsel for the parties.

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

As per the prosecution case, the car in which the petitioner and one another was travelling met with an accident and on search 129.75 litres of IMFL was recovered from the vehicle.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case because of his antecedent. He is in custody since 26.2.2021.

Patna High Court CR. MISC. No.51999 of 2021(2) dt.25-02-2022 2/2 The application for bail is opposed by learned APP for the State who submits that the petitioner has antecedent under the Bihar Prohibition and Excise Act, 2016.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for about 1 year, the petitioner is directed to be enlarged on bail in connection with Gadhpura P.S. Case no. 6 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, Begusarai.

(Partha Sarthy, J) Spd/- U T