Gautam Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.43876 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43876 of 2017 Arising Out of PS.Case No. -209 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Gautam Kumar Son of Gupteshwar Singh, R/o Village- Rampur, P.S.- Nokha, District- Rohtas (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 The petitioner seeks regular bail in connection with Aurangabad (T) P.S. Case No. 209 of 2016, registered for offences punishable under Section 47 of the Bihar Excise Amendment Act. Allegation is of recovery of 240 litres of country made liquor and 32.76 litres of foreign liquor.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case only on the basis of suspicion and nothing has been recovered from his possession and he has no criminal antecedent and has been in judicial custody since 26.07.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with the

Patna High Court Cr.Misc. No.43876 of 2017 (2) dt.20-09-2017 direction to the court below to release the petitioner to his own satisfaction once charge is framed in this case or after completion of three months of judicial custody of the petitioner, whichever is earlier.

(Vinod Kumar Sinha, J) sunil/- U T