Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50045 of 2022 Arising Out of PS. Case No.-105 Year-2021 Thana- FESHAR District- Aurangabad ====================================================== Gautam Kumar S/o Ramkapil Singh @ Kapil Yadav Resident of Village - Hussainabad, P.S.- Fesar, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Upon repeated call, no one appeared on behalf of the petitioner.

Learned counsel for the State appeared.

Heard learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Fesar P.S. Case No. 105 of 2021 lodged under Section 30(a) of the Bihar Prohbition and Excise Amendment Act, 2018. As per the prosecution case, total recovery of 84 liter countrymade liquor is subject matter of the present case as per the allegations made in the F.I.R.

Learned counsel for the State submits that petitioner

Patna High Court CR. MISC. No.50045 of 2022(2) dt.25-11-2022 2/2 was not apprehended from the place of occurrence and petitioner is on remand having clean antecedent. Upon going through the F.I.R., it transpires that the said recovery was made near Murkatti pool of Aurangabad district and recovery was not made from the petitioner's possession.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Court-IInd, Aurangabad in connection with Fesar P.S. Case No. 105 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T