Gauri Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83302 of 2019 Arising out of PS. Case No.-774 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== GAURI KUMAR S/O Late Naresh Chaudhari Resident of Village-Sadar Bazar Danapur Ward No. 2, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Sinha For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mohania P.S. Case No. 774 of 2019 for the offence registered under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 216 litres of illicit wine from a car and the petitioner was apprehended while he was sitting in the said car.

The learned counsel for the petitioner has submitted that the petitioner is neither the driver nor the owner of the car and he had merely taken a lift in the said car for going to Patna. However, the car was intercepted and illicit liquor was

Patna High Court CR. MISC. No.83302 of 2019(2) dt.16-12-2019 2/2 recovered by the Police, of which the petitioner did not have any knowledge. It is further submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. Lastly, it is submitted that the petitioner is languishing in custody since 20.10.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-3rd-cum-Special Judge, Excise Court, Bhabua in connection with Mohania P.S. Excise Case No. 774 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T