Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5060 of 2023 Arising Out of PS. Case No.-885 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Guddu Kumar Son of Sujeet Mahto R/V- Tulsi Mandi, P.S- Agamkuan, DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-03-2023 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Excise P.S. Case No. 885 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total recovery of 83.850 litre whiskey has been made from the bush situated in the southern side of the petitioner's house, which is the subject matter of the present case.

Learned counsel for the petitioner submits that the alleged recovery has not been made from the possession of the

Patna High Court CR. MISC. No.5060 of 2023(2) dt.04-03-2023 2/2 petitioner. Counsel further submits that antecedent of the petitioner is clean and he is in custody since 24.11.2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Excise P.S. Case No. 885 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T