Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5106 of 2021 Arising Out of PS. Case No.-164 Year-2020 Thana- BHANGWANPUR HAT District- Siwan ====================================================== GAUTAM YADAV, SON OF SARYUG YADAV RESIDENT OF VILLAGE RATAN PARAULI ,,POLICE STATION- BHAGWANPUR HAT, DISTRICT -SIWAN, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-09-2021 Heard Mr. Sanjay Kumar Pandey, learned advocate for the petitioner and Mr. Syed Mojibur Rahman, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bhagwanpur Hat P. S. Case No. 164 of 2020, dated 15.07.2020, instituted for the offences under Sections 30(a) and 41(1) of the Bihar

Patna High Court CR. MISC. No.5106 of 2021(2) dt.17-09-2021 2/3 Prohibition and Excise Act, 2016.

5 litres of liquor is said to have recovered from near the tubewell and the petitioner is alleged to have run away from there at the time of the raid.

Since the recovery is from an open space and the accusation of the petitioner is only on suspicion, it has been urged that the offence under the Excise Act cannot be said to have been made out against the petitioner.

The petitioner does not have criminal antecedents.

The petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge - II cum Special Judge

Patna High Court CR. MISC. No.5106 of 2021(2) dt.17-09-2021 3/3 Excise, Siwan, in connection with Bhagwanpur Hat P. S. Case No. 164 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T