Patna High CourtCR. MISC./65515/2023allowed

Gautam Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65515 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- KASMA District- Aurangabad ====================================================== GAUTAM KUMAR Son of Sevak Manjhi R/o vill - Sondiha, Bhimpur, P.S. - Konch, distt. - Gaya (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. 3 As per FIR, it is a case of incriminating wine from the possession of motorcycle of the accused.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is in custody since 14.08.2023.

5. The petitioner is directed to deposit Rs.5,000/- to the concerned District Legal Service Authority at the time of furnishing of bail bond.

6. The application for bail is opposed by learned APP

Patna High Court CR. MISC. No.65515 of 2023(2) dt.13-10-2023 2/2 for the State.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail subject to deposit the aforesaid amount in the concerned District Legal Service Authority. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, I, Aurangabad (Bihar), in connection with Kasma P.S. Case No. 138 of 2023. (Sunil Kumar Panwar, J) sanjeev/- U T