Patna High CourtCR. MISC./66882/2023disposed

Gautam Kumar v. The State Of Bihar

2023-10-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66882 of 2023 Arising Out of PS. Case No.-563 Year-2023 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== GAUTAM KUMAR Son of Late Ajit Kumar R/o Mohalla - Gola Ward no. 21, ara, P.s. - Town, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarfraz Ahmad For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Excise P.S. Case No. 563 of 2023 registered on 24.08.2023 lodged under Sections 30(a) and 56(b)of the Bihar Prohibition and Excise Act (Amendment), 2016.

3. As per the prosecution case, F.I.R. has been lodged against one accused persons who is the driver of the car has been apprehended from the place of occurrence and total of about 300 litre of illicit wine is alleged to be recovered is the subject matter of this case.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 24.08.2023 having clean antecedent.

Patna High Court CR. MISC. No.66882 of 2023(2) dt.16-10-2023 2/2

5. Learned counsel for the State opposes the prayer for bail and submits that there is no criminal antecedent of the petitioner but recovery has been made from the car which he was driving.

6. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application stands rejected.

7. However, the trial Court is directed to release the petitioner on bail by imposing its own condition so that the petitioner may not evade appearance during the trial, if he renews his prayer for bail after framing of charge.

8. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J) Sunnykr/- U T