Gautam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48024 of 2024 Arising Out of PS. Case No.-45 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== Gautam Singh Son of Anil Singh Resident of Village - Karma, Police Station - Sikandra, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act & Section 25(1-b)a and 26 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases and allegation is of recovery of 2.250 litres of liquor from a car along with country made Muskat rifal along with five live cartridges and a mobile phone. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Shambhu Kumar Verma, which does not have any evidentiary value. It is also submitted that petitioner is in

Patna High Court CR. MISC. No.48024 of 2024(2) dt.12-07-2024 2/2 custody since 28.05.2024. It is next submitted that Shambhu Kumar Verma had also approached this court seeking regular bail by filing Cr. Misc. No. 34022/2023 and the same was allowed by a learned co-ordinate Bench of this Court by an order dated 25.05.2023. It is thus submitted that the accused in whose confession the name of the petitioner transpired has been granted the privilege of regular bail, as such, the petitioner be also granted the privilege of regular bail.

4. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sikandra P.S. Case No.45/2023.

(Satyavrat Verma, J) amit/- U T