Patna High CourtCR. MISC./21516/2024bail granted

Guddu Kumar @ Guddu Singh v. The State Of Bihar

2024-03-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21516 of 2024 Arising Out of PS. Case No.-309 Year-2023 Thana- Excise P.S. District- Begusarai ====================================================== GUDDU KUMAR @ GUDDU SINGH S/O SAHO SINGH @ SAHDEV PRASAD SINGH R/O VILLAGE- ANANDPUR, P.S- LOHIYA NAGAR, DISTT.- BEGUSARAI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 77.760 litres of liquor from a Bolero vehicle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is neither the owner or the driver of the seized vehicle and he came to be implicated based on confessional statement of Rohit Kumar in police custody, which does not have any evidentiary

Patna High Court CR. MISC. No.21516 of 2024(2) dt.28-03-2024 2/2 value when petitioner admittedly is a person with clean antecedent.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Excise P.S. Case No.309/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T