Guddu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11595 of 2023 Arising Out of PS. Case No.-374 Year-2022 Thana- AMNAUR District- Saran ====================================================== 1.

GUDDU PRASAD SON OF AWADHESH PRASAD R/O VILL.- KHORIPAKAR GOVIND, P.S.- AMNOUR, DISTT.- SARAN AT CHAPRA 2.

SANJIV PRASAD @ SANJI SON OF AWADHESH PRASAD R/O VILL.- KHORIPAKAR GOVIND, P.S.- AMNOUR, DISTT.- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 03-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Amnour P.S. Case No. 374 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 122.400 liters Desi liquor from the shop and motorcycle in question and petitioners are apprehended on spot. Learned counsel for the petitioners submits that petitioners are in custody since 19.12.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in

Patna High Court CR. MISC. No.11595 of 2023(2) dt.03-05-2023 2/3 the case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioners and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, - II-cum- 1st Exclusive Excise Judge, Excise, Saran at Chapra in connection with Amnour P.S. Case No. 374 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for

Patna High Court CR. MISC. No.11595 of 2023(2) dt.03-05-2023 3/3 cancellation of bail by the learned Trial court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U