Gautam Kumar vs The State Of Bihar
2021 Latest Caselaw 747 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.37602 of 2020
        Arising Out of PS. Case No.-89 Year-2020 Thana- NASRIGANJ District- Rohtas
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Gautam Kumar, male, aged about 26 years, son of late Surendra Sah, resident of Village and P.S.- Godari Karakat, District- Rohtas.

... ... Petitioner/s

Versus

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

  For the Petitioner/s     :        Mr. Siddharth Harsh, Advocate
  For the State            :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-02-2021

Heard Mr. Siddharth Harsh, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Nasriganj PS Case No.89 of 2020 dated 07.06.2020 instituted

under Section 30(a) of the Bihar Prohibition and Excise Act,

2016.

3. The allegation against the petitioner is that from the

Tata Indigo car bearing Delhi registration on which three

persons were sitting, when the police asked them to stop, they

tried to run away leaving behind the vehicle and only the

petitioner was arrested and on search 240.6 litres of Indian made

foreign liquor was recovered from the dicky and the seat. Patna High Court CR. MISC. No.37602 of 2020 dt.08-02-2021

4. Learned counsel for the petitioner submitted that he

has been falsely implicated in the case. It was submitted that the

petitioner while returning home had taken lift in the car not

knowing what was there and has wrongly been charged.

Learned counsel submitted that the petitioner has no criminal

antecedent and is in custody since 08.06.2020.

5. Learned APP submitted that the petitioner was one

of the persons, who were travelling in the car from which liquor

was seized and had tried to run away, but was caught by the

police from the spot.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, let

the petitioner be released on bail upon furnishing bail bonds of

Rs.25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the 2nd Additional District and

Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram,

in Nasriganj PS Case No.89 of 2020, subject to the conditions

(i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute

bond with regard to good behaviour of the petitioner, and (iii)

that the petitioner shall also give an undertaking to the Court

that he shall not indulge in any illegal/criminal activity, act in Patna High Court CR. MISC. No.37602 of 2020 dt.08-02-2021

violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms

and conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in

the case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of his

bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T