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2023 Supreme(Online)(Pat) 5960
PATNA HIGH COURT
Mr. Justice Anjani Kumar Sharan
GAUTAM KUMAR @ GAUTAM PASWAN @ KARTIKEY KUMAR GAUTAM – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./70455/2022
The court held that the petitioners were not entitled to anticipatory bail as there was a reasonable apprehension that they would commit the same offence again if released on bail.
Headnote:
Fact of the Case:
The petitioners were accused of manufacturing and possessing illegal liquor. The prosecution alleged that the petitioners were part of a syndicate involved in the illicit liquor trade. The petitioners claimed that they were innocent and had been falsely implicated in the case.
Finding of the Court:
The court found that the petitioners were not apprehended on the spot and that their names had been transpired in the case on the basis of the confessional statement of apprehended co-accused. The court also noted that the petitioners had no criminal antecedents.
Issues: Whether the petitioners were involved in the manufacturing and possession of illegal liquor.
Ratio Decidendi: The court held that the petitioners were not entitled to anticipatory bail as there was a reasonable apprehension that they would commit the same offence again if released on bail.
Final Decision: The court dismissed the petitioners' applications for anticipatory bail.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69040 of 2022
Arising Out of PS. Case No.-39 Year-2022 Thana- NASRIGANJ District- Rohtas
======================================================
GABUDHAN PASWAN @ VIKAS KUMAR SON OF BISHAMBHAR
PASWAN R/O VILL.- DEHRI, P.S.- NASARIGANJ, DISTT.- ROHTAS
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 70455 of 2022
Arising Out of PS. Case No.-39 Year-2022 Thana- NASRIGANJ District- Rohtas
======================================================
GAUTAM KUMAR @ GAUTAM PASWAN @ KARTIKEY KUMAR
GAUTAM S/o Awadhesh Kumar R/o Village- Sukahara, P.S.- Karakat
(Goradh), Distt- Rohtas at Sasaram .
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 69040 of 2022)
For the Petitioner/s
:
Mr.Deovind Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Pronoti Singh, APP.
(In CRIMINAL MISCELLANEOUS No. 70455 of 2022)
For the Petitioner/s
:
Mr.Sharda Nand Mishra, Adv.
For the Opposite Party/s :
Mr.Meena Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2
06-01-2023
As both these bail applications have cropped up from the
same police station case number, hence, with consent of parties,
they are being heard together and disposed of by this common
order.
Heard learned counsel for the petitioners and learned
A.P.P. for the State through virtual Court proceedings.
Patna High Court CR. MISC. No.69040 of 2022(2) dt.06-01-2023
2/3
The petitioners apprehend their arrest in a case registered
for the offences punishable u/s 467, 468, 471, 34 of IPC and
30 (a) (c)/33/36/37/38 of the Bihar Excise and Prohibition Act,
2018.
The prosecution story, in short, is that on secret
information that some persons were manufacturing illegal
liquor in huge quantity, police party reached on the spot. Seeing
police party, accused persons started fleeing but five persons
were apprehended. From the spot, 70 litres raw spirit, one
empty gallon, 61.800 Malta Masaledar counterfeit country
made liquor, 850 empty bottles of 200ml each, bottles cap1300
pieces, 1092 pieces wrappers of malta company, 83 pieces of
wrapper of super speed counterfeit whisky, 2800 pieces
wrappers for sealing the bottles, nine pieces of instrument of
sealing of bottles, one empty drum of capacity 200 litres and
one touchscreen mobile phone were recovered.
It is submitted by learned counsel for the petitioners that
petitioners are quite innocent and have not committed any
offence. They have been falsely implicated in this case at
instance of his enemies. No incriminating article has been
recovered from the conscious physical possession of the
petitioners rather said illicit liquor is said to have been
Patna High Court CR. MISC. No.69040 of 2022(2) dt.06-01-2023
3/3
recovered from open place. Petitioners have no concern either
with the seized liquor or the place of recovery or any trade of
liquor. The allegation levelled against the petitioners is not
specific rather general and omnibus in nature.
They were not apprehended on the spot. Their names have been
transpired in this case on the basis of confessional statement of
apprehended co-accused. Petitioners have no criminal
antecedent as mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail
application by submitting that petitioners are the members of
syndicate, involved in manufacturing of illicit liquor.
Considering the facts and circumstances of the case, I
am not inclined to enlarge anticipatory bail to the petitioners.
The prayer for bail of the petitioners is hereby rejected.
Accordingly, these applications stand dismissed.
divyansh
