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Patna High CourtCR. MISC./4470/2020allowed

Guddu Prasad @ Guddu Kumar v. The State Of Bihar

2021-01-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4470 of 2020 Arising Out of PS. Case No.-321 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== GUDDU PRASAD @ GUDDU KUMAR Son of Gautam Prasad Resident of Village - Sahlaur, P.S.- Sarai O.P., District- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-01-2021 Heard learned Counsel appearing on behalf of the petitioner. No one appears on behalf of the State although the name of Mrs. Sangeeta Sharma, APP appears in the cause list. The petitioner is apprehending his arrest in connection with Pachrukhil (Sarai) P.S. Case No. 321 of 2019 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act,2016.

In the instant case total 112.320 liters of liquor was seized.

Learned counsel appearing on behalf of the petitioner would submit that nothing was recovered from the possession or the house of the petitioner. The liquor was seized from the nearby bush. The petitioner has no criminal antecedent. The petitioner is in no way connected with the alleged crime.

Patna High Court CR. MISC. No.4470 of 2020(6) dt.08-01-2021 2/2 Considering the fact that liquor was seized from the nearby bush and the petitioner has no criminal antecedent, the Court is inclined to grant privilege of anticipatory bail to the petitioner on payment of Rs. 50,000/- cash. Let the petitioner, above named, in the event of arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the A.D.J.-II- cum- Special Judge, Excise, Siwan in connection with Pachrukhil (Sarai) P.S. Case No. 321 of 2019, subject to deposit of Rs. 50,000/- cash and further subject to the conditions as laid down under Section 438(2) Cr. P.C.

The deposit of Rs. 50,000/- cash shall abide by the final outcome of the present criminal case.

(Anil Kumar Upadhyay, J) spandey/- U T