Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84978 of 2019 Arising Out of PS. Case No.-496 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== GAUTAM KUMAR Son of Shyam Kishore Ray Resident of Village - Harpur, P.S.- Barauni (Refinery), Distt - Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 30(a) of Bihar Prohibition and Excise Act, 2016. Informant who is the police officer has alleged that while he was on night patrolling duty, he saw three miscreants carrying illicit liquor in a sack over their head and as they saw police threw the sack and fled away and after search 30 litres of foreign liquor was recovered from the sack and the villagers disclosed the name of miscreants who are involved in trade of illicit liquor which included the name of petitioner. It has been submitted on behalf of petitioner that he has no criminal antecedent and the recovered illicit liquor does not belong to him nor he is concern with the trade of illicit

Patna High Court CR. MISC. No.84978 of 2019(2) dt.20-12-2019 2/2 liquor and has been falsely implicated in this case due to animosity and village rivalry. Neither he has been arrested on the spot nor any illicit liquor has been recovered from his house or his conscious possession.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Barauni P.S. Case No. 496 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T