Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84225 of 2023 Arising Out of PS. Case No.-751 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Gautam Kumar Son Of Ram Kapil Singh, R/O Village - Husainabad, P.SFesar District- Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Excise P.S. Case No. 751 of 2023 registered under sections 30(a), 32(1), 32(3), 41(1), 41(2) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 249.920 liters of illicit liquor from scorpio vehicle bearing Reg. No. DL3CAS-1207 and the petitioner was arrested by the police on spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that nothing incriminating has been recovered from the conscious

Patna High Court CR. MISC. No.84225 of 2023(2) dt.05-01-2024 2/3 possession of the petitioner and he has no concern with the seized illicit liquor. It is further submitted that there is no independent witness of the seizure list rather they are police personnel. Moreover, the petitioner is languishing in judicial custody since 26.09.2023.

The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioner is directed to deposit a sum of Rs. 10,000/- (Rs. Ten Thousand) in the District Legal Services Authority of the concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Excise P.S. Case No. 751 of 2023 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 Special Judge Excise Court 2nd, Aurangabad.

The bail bonds of the petitioner shall be accepted by

Patna High Court CR. MISC. No.84225 of 2023(2) dt.05-01-2024 3/3 the learned lower Court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten Thousand) by the petitioner in the account of concerned DLSA.

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