Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54880 of 2022 Arising Out of PS. Case No.-150 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Gautam Kumar Son Of Sri Anil Kumar Sharma Resident Of Prem Niwas Gitil Cocha Medical Road, Bariyatu, P.S.- Kanke, District - Ranchi (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 56(b) of the Bihar Prohibition & Excise Act.

There is recovery of 385 litres of Indian made Foreign Liquor from a Indigo Car. The petitioner is owner of the vehicle.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the

Patna High Court CR. MISC. No.54880 of 2022(3) dt.06-12-2022 2/3 spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is a bank employee and he has given the said vehicle to the driver for earning livelihood but he misused the vehicle. The petitioner has no concern with the illicit liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 30,000/-(Rupees Thirty Thousands) in the District Legal Services Authority, Gaya.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Judge No. 3, Gaya in connection with Excise P.S. Case No. 150 of 2020, subject to the conditions as laid down under

Patna High Court CR. MISC. No.54880 of 2022(3) dt.06-12-2022 3/3 Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 30,000/-(Rupees Thirty Thousands) in District Legal Services Authority, Gaya.

(Sunil Kumar Panwar, J) Shageer/- U T