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2025 DAILYLAW 35781 (PAT)

Gautam Kumar @ Gautam Kr Singh v. The State of Bihar

CR. MISC./25751/2025 · 2025-05-07

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25751 of 2025 Arising Out of PS. Case No.-353 Year-2024 Thana- NARHATT District- Nawada ====================================================== Gautam Kumar @ Gautam Kr Singh Son of Jitendra Singh R/O Village and P.S.- Narhat, District- Nawada ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Ranjan Kumar For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 07-05-2025 1. Heard the parties. 2. The petitioner apprehends his arrest in connection with Narhat P.S. Case No. 353 of 2024 dated 09.10.2024 registered under Section 30(a) of the Bihar Prohibition & Excise Act, 2022 (Amended). 3. As per first information report the police party recovered a total quantity of 9.825 liters of illicit foreign liquor from the gaushala (chow shed) of the co-accused / Chandan Kumar. 4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case and he has not committed any offence in the manner alleged. From perusal of the F.I.R. it is evident that illicit liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner. Police during search and seizure did not follow Patna High Court CR. MISC. No.25751 of 2025(2) dt.07-05-2025 2/2 the provisions contained under Section 100 Cr.P.C. 5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that illicit foreign liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner, accordingly I am inclined to grant anticipatory bail to the petitioner. 6. Let the petitioner, above named, be released on anticipa- tory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise-I, Nawada in connection with Narhat P.S. Case No. 353 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. praful/- (Anil Kumar Sinha, J) U T