Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84950 of 2024 Arising Out of PS. Case No.-633 Year-2024 Thana- HISUWA District- Nawada ====================================================== Gautam Kumar Son of Vijay Chaudhary Resident of Village - Hisua Dih, P.S. - Hisua, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 111(3) of BNS and 30 (a) of Bihar Prohibition and Excise Act.
3. Altogether 11 liters of country made liquor is said to have been recovered from a car. One person was arrested at the spot and he stated that he had unloaded the said liquor in front of the house of petitioner. Police party went to the said place and recovered 385 liters of country made liquor and arrested one person who stated that he delivers the liquor to the accused persons.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence.
Patna High Court CR. MISC. No.84950 of 2024(2) dt.12-12-2024 2/3 No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis of statement of co-accused persons. Petitioner has no criminal antecedent.
5. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) each in the account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Hisua P.S. Case No.633 of 2024, subject to the condition as laid down under Section 482 (2) of the BNSS, with the following conditions:
Patna High Court CR. MISC. No.84950 of 2024(2) dt.12-12-2024 3/3 (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the Mahavir Cancer Sansthan.
(Anjani Kumar Sharan, J) shikha/- U T