Allowed

Gautam Kumar Yadav @ Gautam Yadav v. The State of Bihar

Patna HC11 Feb 2022CR. MISC./2146/2022

Case brief

AI extract

What is this about?

On an application for anticipatory bail in a case regarding recovery of 78 liters of wine, the Court directed the grounds be corrected within four weeks and granted bail on personal bonds subject to furnishing monetary bonds once normalcy is restored.

What did the court decide?

Anticipatory bail granted on personal bonds with direction to furnish monetary bonds after normalcy restoration.

Gautam Kumar Yadav @ Gautam Yadav Vs The State of Bihar — Corruption | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2146 of 2022

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Arising Out of PS. Case No.-500 Year-2021 Thana- GOPALPUR District- Bhagalpur

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======================================================

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GAUTAM KUMAR YADAV @ GAUTAM YADAV S/o Late Shravan Yadav Resident of Village Bhawanipur, P.S. - Gopalpur, Rangra O.P., District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Raghwendra Pratap Singh, Advocate For the Opposite Party/s : Mr.Narsingh Tanti, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 11-02-2022

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Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

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The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.

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Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

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Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

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The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 78 liters wine is

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Patna High Court CR. MISC. No.2146 of 2022(2) dt.11-02-2022 2/3

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recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the recovery is made from the joint house of the petitioner where other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 78 liters wine is recovered from the joint house of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in

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Patna High Court CR. MISC. No.2146 of 2022(2) dt.11-02-2022 3/3

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covid cases.

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Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bonds to the satisfaction of learned Additional Sessions Judge -II-cumSpecial Judge, Excise Act, Bhagalpur in connection with Gopalpur (Rangra) P.S. Case No. 500/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Gautam Kumar Yadav @ Gautam Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gautam Kumar Yadav @ Gautam Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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