Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66740 of 2021 Arising Out of PS. Case No.-131 Year-2021 Thana- BITHAN BAZAR District- Samastipur ====================================================== Gulshan Kumar Son of Ram Pukar Mahto Resident of Village - Sohma Telani, P.S.- Bithan, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the parties .

The petitioner seeks bail in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, Sections 272, 273/34 of the I.P.C. and Sections 25(1-B)a, 26, 35 of the Arms Act.

907 liters & 500 ml. of illicit foreign liquor, one loaded country-made pistol and four cartridges have been recovered from the house of co-accused Neeraj Kumar, who disclosed the name of petitioner, as one of his associate. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Recovery has been made from the house of co-accused Neeraj Kumar and petitioner is in custody since 12.09.2021. Learned A.P.P. for the State has opposed the bail

Patna High Court CR. MISC. No.66740 of 2021(2) dt.21-12-2021 2/2 petition and submitted that petitioner has got criminal antecedent and he is accused in two more cases of Excise Act. Considering the aforesaid facts & circumstances and the fact that petitioner has got criminal antecedent of similar nature of cases, the learned court below, where the case is pending, is directed to release the petitioner on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bithan P.S. Case No. 131 of 2021 (P.T. No. 386 of 2021), after framing of the charge.

(Prabhat Kumar Singh, J) anay/- U T