Gautam Ram @ Goutam Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88380 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- MANIGACHI District- Darbhanga ====================================================== Gautam Ram @ Goutam Ram Son Of Kusum Lal Ram Resident Of Village Atri, Police Station Lokhi , District Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and Mr. Tarkeshwar Nath Thakur, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that there has been recovery of total 990 liters of country made liquor from a pickup van and this petitioner was not apprehended on spot rather the apprehended co-accused disclosed the name of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither he was apprehended on spot nor anything was recovered from his conscious

Patna High Court CR. MISC. No.88380 of 2024(2) dt.20-12-2024 2/2 possession. It has also been submitted by learned counsel for the petitioner that the seized vehicle does not belong to this petitioner rather the same belongs to apprehended co-accused Amod Kumar who has already been granted regular bail by this Court vide order dated 07.10.2024 in Cr. Misc. No. 72202 of 2024. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.10.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manigachhi P.S. Case No. 152 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga.

(Ashok Kumar Pandey, J) lata/- U T