Shivanand Goutam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58010 of 2025 Arising Out of PS. Case No.-192 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Shivanand Goutam S/o Dharmendra Ram R/o Village - Barahpur, P.S - Nandganj, District - Ghazipur (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 5.580 litres illicit liquor was recovered from a motorcycle registered in the name of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only being the owner of the motorcycle. Nothing has been recovered from conscious possession of the petitioner. The petitioner had already sold the motorcycle in question on 16.05.2021 to Vipin Kumar on non-judicial stamp paper at Uttar Pradesh, however, inadvertently the transfer of the name of the

Patna High Court CR. MISC. No.58010 of 2025(2) dt.16-09-2025 2/2 owner has not been done. The apprehended accused Sonu Kumar himself deposed that he had bought the said motorcycle in auction from Bhabua. Petitioner has no concern either with the seized illicit liquor or the vehicle. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Kaimur at Bhabua in connection with Durgawati P.S. Case No.192 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T