Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89449 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- NADI P.S. District- Patna ====================================================== 1.
Gautam Kumar Ranjan Rai @ Ranvijay Ray @ Ranvijay Kumar Resident of village - Jethuli, P.S- Nadi, District- Patna 2.
Golu Kumar S/O Ram Iqbal Rai @ Ram Ekbal Ray Resident of village - Jethuli, P.S- Nadi, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-03-2025 Heard the parties.
2. The petitioners are in judicial custody in connection with Nadi P.S. Case No. 156 of 2024 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act lodged on 15.05.2024 by the informant, Ajay Kumar.
3. As per the prosecution story, the Police during patrolling, got secret information that liquor has come from the train and accordingly, the accused were apprehended and there is recovery of 31.5 liters of country made liquor, 10.500 liter of foreign liquor and 94.5 liters of beer (totalling 136.5 liters). Accordingly, the FIR.
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4. Learned counsel for the petitioners submit that only due to local enmity, he has been implicated. Nothing has been recovered from his conscious possession, they remained in custody since 15.11.2024 and one of the co-accused, Manish Kumar has been extended bail in Cr. Misc. No. 46675 of 2024. The last submission is that without accepting the allegation and/or the outcome of the present case, the petitioners intend to contribute Rs. 10,000/- each (totalling Rs. 20,000/-) to the District Legal Services Authority, Patna for the installation of the music system/beautification of the Civil Court Campus of Patna Judgeship through Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP opposes the prayer.
6. Taking into account the aforesaid facts as also that one of the co-accused, Manish Kumar has been extended bail in Cr. Misc. No. 46675 of 2024, FIR lodged and both of them will be facing the trial, in that background, this Court is inclined to extend them the privilege of bail with conditions subject to payment of Rs. 10,000/- each (totalling Rs. 20,000/-) to the District Legal Services Authority, Patna for the installation of the music system/beautification of the Civil Court Campus of Patna Judgeship through Demand Draft issued by the local
3/4 branch of the State Bank of India and the receipt of the same shall be submitted to the learned trial Court by the DLSA, Patna.
7. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge Excise, Patna City, in connection with Nadi P.S. Case No. 156/2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every month for next one year to mark their attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
8. Let a copy of the order be sent to the learned Principal District and Sessions Judge, Patna for his perusal and needful.
(Rajiv Roy, J) Adnan/- U T