Guddu Kumar @ Guddu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5909 of 2019 Arising Out of PS. Case No.-95 Year-2018 Thana- NATWAR District- Rohtas ====================================================== GUDDU KUMAR @ GUDDU RAY Son Of Chuni Rai @ Mithilesh Kumar Ray Resident of Village - Neknam Tola, P.O. Tendua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2019 Heard the parties.

This application, for grant of anticipatory bail, arises out of Natwar P.S. Case No. 95 of 2018, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a)/32(c) of the Bihar Prohibition and Excise Act, 2016.

Allegation as per F.I.R is that police intercepted a Bolero vehicle on suspicion and person sitting in the vehicle tried to flee away with the vehicle, however, met with an accident and petitioner alleged to have succeeded in fleeing away. Allegation further shows on search of the vehicle total 397 and odd litres of liquor has been recovered from the vehicle and petitioner is said to be owner of the vehilce. Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.5909 of 2019(4) dt.17-04-2019 2/2 that he has falsely been implicated in this case and nothing has been recovered from the petitioner and the vehicle in question also does not belong to the petitioner.

It appears that earlier a report was called for with regard to the ownership of the vehicle from which the alleged recovery of liquor was made and the report has been received, from which, it appears that the vehicle in question is registered in the name of one Arvind, Son of Kailash, resident of Varanasi district.

Considering the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cumSpecial Judge, Excise Act, Rohtas at Sasaram, in connection with Natwar P.S. Case No. 95 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T