Patna High CourtCR. MISC./62912/2023allowed

Gautam Kumar v. State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62912 of 2023 Arising Out of PS. Case No.-689 Year-2023 Thana- Excise P.S. District- Nalanda ====================================================== Gautam Kumar S/O Sri Shailendra Pathak R/O Asta, Ps- Tharthari, DisttNalanda ... ... Petitioner/S

Versus

State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar Choudhary For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) Bihar Prohibition and Excise Act.

As per prosecution case, it is a case of recovery of total 414 liter IMFL from bush of a brick kiln. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery nor place of recovery belongs to him. It is further submitted that nothing has been recovered from his conscious possession. The petitioner has

Patna High Court CR. MISC. No.62912 of 2023(2) dt.22-09-2023 2/2 got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.07.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 689 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below.

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