Guddu Nat @ Guddu Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17538 of 2024 Arising Out of PS. Case No.-686 Year-2023 Thana- MADHAURAH District- Saran ====================================================== GUDDU NAT @ GUDDU NUT SON OF CHABILA NAT RESIDENT OF VILLAGE - NAGRA, POLICE STATION - NAGRA, DISTRICT - SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avnish Kumar Singh, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and excise Act, 2016.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 40 liters of liquor from a place behind the shop of Alok Yadav and 20 liters from a bamboo bush.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner and he came to be implicated at the instance of local people, but then the name of the person who disclosed the name of the

Patna High Court CR. MISC. No.17538 of 2024(2) dt.19-03-2024 2/2 petitioner is not disclosed in the FIR, which cast an aspersion on the case of the prosecution.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000 /- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Second Exclusive Special Excise Judge, Saran at Chapra in connection with Marhowrah P.S. Case No.686 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T