Patna High CourtCR. MISC./11114/2021bail granted

Gautam Kumar @ Chhotu @ Chhote v. The State Of Bihar

2021-06-30Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11114 of 2021 Arising Out of PS. Case No.-37 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== GAUTAM KUMAR @ CHHOTU @ CHHOTE Son of Sri Lalan Singh Resident of Village- Jaitpur, P.S.- Barhaiya, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. A.K.Thakur, Advocate For the State Mr. J.K.Singh, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-06-2021 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner has filed an undertaking that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. The petitioner, who is in custody since 27.02.2020, has renewed his prayer for bail in connection with Suryagarha P.S.Case No. 37 of 2020, having earlier been rejected by order dated 22.07.2020 in Cr. Misc. No. 21527 of 2020 for the alleged offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of different quantities of foreign liquor from different vehicles, in all totalling 2237 litres.

Patna High Court CR. MISC. No.11114 of 2021(2) dt.30-06-2021 2/2 The petitioner denies recovery of the offending goods from his conscious possession. In any event, the petitioner has already suffered custody for more than one year and four months.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 27.02.2020, let the petitioner above named 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 Additional District and Sessions Judge 2nd-cum-Special Judge, Excise, Lakhisarai in connection with Suryagarha P.S. Case No. 37 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T