Neeraj Kumar Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62798 of 2025 Arising Out of PS. Case No.-231 Year-2025 Thana- GUTHANI District- Siwan ====================================================== Neeraj Kumar Gond S/o Madan Gond R/o Village- Guthani, P.S.- Guthani, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Guthani P.S. Case No. 231 of 2025, registered for the offences under Section 317(5), 318(4), 3(5) of the BNS and Section 30(a), 41(i) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, during checking of vehicles, the petitioner tried to escape leaving behind his motorcycle. The petitioner was apprehended and from his motorcycle recovery of 18 litre of country made liquor was made.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits

Patna High Court CR. MISC. No.62798 of 2025(2) dt.23-09-2025 2/3 that nothing incriminating has been recovered from person or possession of the petitioner. The petitioner has no concern with the seized liquor or the motorcycle and the person who has been driving the motorcycle fled away on seeing the police party. The petitioner is neither the owner nor driver of the motorcycle seized by the police. The petitioner is in custody since 01.07.2025 and he has clean antecedent. Charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-I, Siwan/concerned court, in connection with Guthani P.S. Case No. 231 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.62798 of 2025(2) dt.23-09-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on 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) anuradha/- U T