Gautam Gambhir v. The State Of Bihar

Patna High Court Cr.Misc. No.54454 of 2017 (3) dt.22-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54454 of 2017 Arising Out of PS.Case No. -451 Year- 2017 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Gautam Gambhir, Son of Deepak Singh @ Deepak Kumar Singh, resident of Chakia (Kurkuri), P.S. Paliganj, District- Patna at present address- Seo Colony, Machali Gali, P.S.- Shashtri Nagar, Distt.- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Mritunjay Narain For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2017 The petitioner seeks regular bail in connection with Shastri Nagar P.S. Case No. 451 of 2017, registered for offences punishable under Sections 30(a), 32, 38(1), (2), 41 and 47 of the Excise Act.

Allegation is of recovery of 134 litres of liquor from the house and rented house of the petitioner.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and only one litre of liquor has been recovered from his house and not from his conscious possession further other recovery was made from his rented house and he has nothing to do with the said recovery. He has no criminal antecedent and has been in custody for last three and half months.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.54454 of 2017 (3) dt.22-11-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Court, Excise, Patna, in connection with Shastri Nagar P.S. Case No. 451 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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