Gautam Kumar @ Gautam Giri @ Baban Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75433 of 2024 Arising Out of PS. Case No.-218 Year-2024 Thana- PUPRI District- Sitamarhi ====================================================== Gautam Kumar @ Gautam Giri @ Baban Giri Son of Ram Narayan Giri R/O Vill.- Bharehwa Baghari, P.S.- Runnisaidpur, Dist.- Sitamarhi, Bihar, 843323 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar, Advocate Mr. Saharsh Shubham, Advocate Ms. Simran Kumari, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Pupri P.S. Case no. 218 of 2024, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 65.07 litres of Nepali liquor was recovered from the motorcycle and one of the accused was taken into custody. It is stated that the other accused managed to escape. The person who was taken into custody disclosed that the person who had managed to escape was the petitioner herein.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his

Patna High Court CR. MISC. No.75433 of 2024(2) dt.14-11-2024 2/2 antecedents. He has no concern with the seized liquor, the vehicle in question or the accused who was caught. It appears that he has been falsely implicated in the case at the instance of the police. He undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R and the petitioner having no concern with the seized vehicle in question, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Pupri P.S. Case no. 218 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court-II, Sitamarhi. (Partha Sarthy, J) Shiv/- U T