Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65300 of 2024 Arising Out of PS. Case No.-783 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Gautam Kumar Son of Niwas Sharma R/o Rudia Road, Beside Harion City, House No.- 14, Nevari Vikash, P.S.- BIT, District - Ranchi (Jharkhand). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Adv For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 783 of 2024 dated 04.08.2024 registered for the offences punishable u/s 30(a) and 32(3)of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 225 litres of illicit foreign liquor was recovered from the Car.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. The petitioner is not the owner of the said seized
Patna High Court CR. MISC. No.65300 of 2024(2) dt.11-09-2024 2/2 vehicle but the same was being driven by him at the time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.08.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya, in connection with Excise P.S. Case No. 783 of 2024.
7. The application stands allowed.
Jyoti/- (Chandra Prakash Singh, J) U T