Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9110 of 2023 Arising Out of PS. Case No.-454 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Guddu Kumar Son Of Kunji Lal Yadav R/V- Sirsiya, Ward No. 1, P.S.- Bela, Dist- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32(3) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 90 litres of Nepali Saufi liquor from a motorcycle bearing Reg. No. BR-06AA-5056. The petitioner was driving the aforesaid motorcycle.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.9110 of 2023(2) dt.18-04-2023 2/3 been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no independent witness of the alleged seizure. Petitioner has no concern with the alleged recovery. Moreover, the petitioner is languishing in judicial custody since 24.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P. vehemently opposed the prayer of bail and submitted that petitioner was driving the motorcycle from which illicit liquor was recovered. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Exclusive Special Excise Court No. II, Sitamarhi in connection with

Patna High Court CR. MISC. No.9110 of 2023(2) dt.18-04-2023 3/3 Prohibition P.S. Sitamarhi Case No. 454 of 2022. The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) nirajkrs/- U T