Patna High CourtCR. MISC./16713/2021bail granted

Guddu Kumar @ Guddu Sah v. The State Of Bihar

2021-11-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16713 of 2021 Arising Out of PS. Case No.-532 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== 1.

GUDDU KUMAR @ GUDDU SAH Son of Kishor Sah 2.

Ganesh Kumar @ Ganesh Sah Son of Kishor Sah Both Resident of Village - Jiwachhpur, Ward No. 7, P.S.- Madhepura, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-11-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. Allegation is that the petitioners threw the Gallon, containing country made liquor, and fled away. Submission is that the petitioners have got no criminal antecedent and only material against the petitioners is suspicion. Considering the submission aforesaid, let the

Patna High Court CR. MISC. No.16713 of 2021(2) dt.23-11-2021 2/2 petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No.532 of 2020 arising out of Excise Case No.103 of 2020-21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (c) The petitioners shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T