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Patna High CourtCR. MISC./12130/2023allowed

Guddu Kumar v. The State Of Bihar

2023-04-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12130 of 2023 Arising Out of PS. Case No.-506 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== Guddu Kumar Son Of Sanjay Saw R/O Bagbhup Singh Lane, Gur Ki Mandi, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a)/36 of the Bihar Prohibition and Excise Act.

The prosecution story, in brief, is that the police party reached near Devi Asthan after getting secret information about trade of illicit liquor then the accused person succeeded to flee away leaving his scooty. Upon search, total quantity of 100 liters illicit liquor was recovered from the said vehicle. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit

Patna High Court CR. MISC. No.12130 of 2023(2) dt.24-04-2023 2/2 liquor or with the vehicle in question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name was disclosed by the local people who were gathered at the place of occurrence. Moreover, the petitioner is languishing in judicial custody since 14.1.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alamganj P.S. Case No. 506 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City.

(Sunil Kumar Panwar, J) Amandeep/- U T