Rahul Kumar Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56876 of 2022 Arising Out of PS. Case No.-292 Year-2022 Thana- SHIVSAGAR District- Rohtas ====================================================== Rahul Kumar Gautam, S/o- Vinit Singh, R/o Village- Bheriya, police StationDehri (Town), District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Shivsagar P.S. Case No. 292 of 2022 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, during regular checking of vehicle, a Chevrolet Car was intercepted by the police and from the said car recovery of 85.250 liters of India made foreign liquor was made. The petitioner along with co-accused driver Narayan Singh were apprehended and another co-accused Gautam Kumar fled away from the spot.

Patna High Court CR. MISC. No.56876 of 2022(2) dt.19-11-2022 2/3 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case, as the car of the petitioner was booked by co-accused Guatam Kumar for commuting from Dehri to Varanasi and while this car was returning from Varanasi, the petitioner boarded the car at Kudra. The petitioner has no knowledge about the consignment kept in the car. For this reason when the checking was made, the coaccused Gautam Kumar fled away and the petitioner remained there and was apprehended with the driver. Learned counsel further submits that nothing incriminating has been recovered from the conscious possession of this petitioner and he has no concern with the allegedly seized contraband. The petitioner is having clean antecedent and he is in custody since 28.06.2022. Charge-sheet has been submitted in this case. Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of chargesheet along with his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like

Patna High Court CR. MISC. No.56876 of 2022(2) dt.19-11-2022 3/3 amount each to the satisfaction of learned Exclusive Special Excise Court No.2-cum-Additional District & Sessions Judge, Rohtas at Sasaram in connection with Shivsagar P.S. Case No. 292 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T