Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84434 of 2025 Arising Out of PS. Case No.-210 Year-2025 Thana- Lakho District- Begusarai ====================================================== Gautam Kumar S/o- Ram Tanuk Singh @ Tanuk Singh @ Tunuk Singh Village- Karjana Ward No- 2 Bashi PS- Cheriya Bariyarpur DistrictBegusarai ... ... petitioner/s

Versus

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

For the petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lakho P.S. Case No. 210 of 2025, instituted for the offences punishable under Sections 30(a), 32(i)(ii) and 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 2997 liters liquor was recovered from Truck/pickup.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel further submitted that the petitioner is driver of the vehicle and

Patna High Court CR. MISC. No.84434 of 2025(2) dt.04-12-2025 2/2 he has no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 13.10.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakho P.S. Case No. 210 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T