Baban Giri @ Goutam Giri @ Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86045 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- PUPRI District- Sitamarhi ====================================================== Baban Giri @ Goutam Giri @ Gautam Kumar Son of Dip Narayan Giri @ Ram Narayan Giri Resident of Village- Singhiyahi road, P.S. - Pupri, DistrictSitamarhi At present R/o ward No.- 2, Bharehwa, Baghri, P.S. - Runnisaidpur, District- Sitamarhi ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Virendra Kumar, Adv.
For the Opposite Party/s :
Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-01-2025
1. Heard learned Counsel for the petitioner and learned APP for the State.
2. This application, for grant of anticipatory bail, arises out of Pupri P.S. Case No. 157 of 2024, disclosing offences under Section 30(a) of Bihar Prohibition and Excise(Amendment) Act.
3. As per the F.I.R, on 06.04.2024, the police got the information that petitioner alongwith other accused person were coming on motorcycle with illicit liquor proceeded towards place of occurrence and upon seeing the police party, two persons riding the motorcycle fled away after throwing a jute bag. Upon search, the police recovered 43.200 liters of Nepali liquor from the bags.
Patna High Court CR. MISC. No.86045 of 2024(3) dt.16-01-2025 2/3
4. Learned counsel for the petitioner submits that local people identified the petitioner who used to carry bags on the motorcycle almost daily. He further submits that the petitioner has falsely been implicated in this case on the basis of secret information and thereupon identification by the local people. The illicit liquor has not been recovered from the vehicle or premises belonging to the petitioner. He further submits that the petitioner has been implicated in the present case on the basis of his criminal antecedents of similar nature of offence.
5. Regards being had to the submission advanced on behalf of the parties and taking into consideration that fact that the petitioner has been made accused in the present case on the basis of suspicion and disclosure of his name by the co-villagers and the description of the motorcycle has also not been given in the FIR, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let petitioner, Baban Giri, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.86045 of 2024(3) dt.16-01-2025 3/3 satisfaction of learned Special Judge, Exclusive Excise Court02, Sitamarhi in connection with Pupri P.S. Case No. 157 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) Suruchi/- U T