Patna High CourtCR. MISC./75109/2023allowed

Gautam Kuamar v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75109 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== Gautam Kuamar S/O Naresh Yadav @ Naresh Kumar Yadav R/O VillageLaxminiya Tola, Ward No. 14, P.S- Singheshwar, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act and Sections 21(c) of the N.D.P.S Act.

As per prosecution case, 2 litres 200 ml cough syrup has been recovered from the motorcycle in question.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not

Patna High Court CR. MISC. No.75109 of 2023(2) dt.30-11-2023 2/2 apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized motorcycle or the cough syrup. The petitioner is languishing in custody since 13.09.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Madhepura in connection with Singheshwar P.S. Case No. 231 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T