Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39398 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- RAHUI District- Nalanda ====================================================== Gautam Kumar Son of Bindeshwar Prasad Resident of Village- Gandhi Nager, P.S.- Parwalpur, District Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No.1, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-10-2021 Let the defect(s), as pointed out by the Office, be removed within four weeks of start of normal functioning of the physical Court.

Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner is apprehending his arrest in connection with Rahui P.S. Case No.69 of 2020 registered for the offence under Sections 30(a) of the Excise Act.

As per prosecution case, after receiving a secret information, the police officials reached near bus stand and found one Honda City car in which four persons were sitting and after seeing the police party, they started to escape from the place of occurrence but they were subsequently arrested except petitioner. On search of the said vehicle, 126.7 liters of illicit

Patna High Court CR. MISC. No.39398 of 2020(3) dt.29-10-2021 2/2 liquors along with mobiles were recovered.

Learned counsel for the petitioner submits that the petitioner has committed no offence and he has falsely been implicated in this case. He further submits that petitioner is neither the owner of the car nor any liquor has been recovered from the conscious possession of the petitioner. He further submits that petitioner has clean antecedent. However, learned APP for the State vehementally opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, in the event of his arrest or surrender before the court below within six weeks from today, the petitioner is directed to be released 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 3rd Additional Sessions Judge-cum-Special Judge, (Excise) Nalanda at Biharsharif in connection with Rahui P.S. Case No.69 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajesh Kumar Verma, J) B.Kr./- U T