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2025 Supreme(Online)(Pat) 2321

PATNA HIGH COURT
Alok Kumar Pandey, J
Gautam Kumar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Subodh Kumar Jha, Advocate, Mr. Pranav Kumar Jha, Advocate, Mr. Chandra Mohan Jha, Advocate
For the Respondents: Mr. Anita Kumari Singh, A.P.P.

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

10 08-12-2025 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State on suspension of sentence and bail prayer of the appellant.

2. By the impugned judgment of conviction dated

21.12.2024 and order of sentence dated 23.12.2024 passed by the learned Special Judge (Exclusive Prohibition and Excise Court ) cum District and Additional Sessions Judge, Vaishali at Hajipur in connection with G.R. No. 930 of 2022 arising out of Vaishali P.S. Case No. 347 of 2021 whereby and whereunder the appellant has been convicted for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and he has been sentenced to undergo simple imprisonment for five years alongwith fine of Rs. 1,00,000/- and in default of payment of fine, the appellant has to further undergo simple imprisonment of six months.

3. As per prosecution case, 681.840 litre foreign liquor was recovered from the room which was situated in the west side of the house of appellant and he was apprehended on the spot.

4. Learned counsel for the appellant submits that prior to conviction, the appellant has

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