Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85454 of 2019 Arising Out of PS. Case No.-539 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== Gaurav Kumar S/o Kamta Prasad R/o Mohalla- Bageshwari Gumati, Loco Colony, P.S.- Delha, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-01-2020 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioner seeks bail in Kotwali PS Case No. 539 of 2019 registered under Sections 30(a) and 37(2) of Bihar Prohibition and Excise Act, 2016.

The prosecution case alleges recovery of 363 litres of liquor from the bushes besides the railway track. It is submitted by petitioner's Counsel that the place from where recovery is alleged to have been made was having general public access. Petitioner being bonafide passer by has been falsely implicated in this case. There is no compliance of the procedure under Section 100 Cr.P.C. Petitioner has no criminal antecedent and he is in custody since 21.11.2019.

Learned APP has opposed the prayer for bail.

Considering the rival submission the petitioner's prayer for bail is allowed.

Having regard to the aforesaid submissions the

Patna High Court CR. MISC. No.85454 of 2019(2) dt.08-01-2020 2/2 petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Gaya in Kotwali PS Case No. 539 of 2019 on the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T