Anup Kumar Singh @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14719 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== ANUP KUMAR SINGH @ GUDDU KUMAR Son of Vishvnath Mukhiya. Resident of Village - Chaval Patti, Chitkohara Bazar, P.S.- Gardanibagh, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Mushtaque Alam For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gardanibagh P.S. Case No.14 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The accusation is that on receiving secret information about selling of the liquor near Sajha Hotel by Raju Kumar and Guddu Kumar (petitioner), the informant along with other police personnel reached there, then saw two persons standing there. On seeing the police party, both persons started to flee away. While they were chased but succeeded to flee away. Thereafter, in presence of the two witnesses, Sajha Hotel was searched and, in that course, three bottles, each containing 375 ml. Indian Made Foreign Liquor, and 11 bottles, each containing 180 ml. Indian Made Foreign Liquor, kept in

Patna High Court CR. MISC. No.14719 of 2019(3) dt.11-07-2019 2/2 cartoon and bag, were recovered from behind the hotel. Learned counsel for the petitioner submits that the petitioner is not the owner of the Sajha Hotel and he has falsely been implicated in this case by the police. Moreover, while the occurrence is said to be of 08.01.2019 but the petitioner had gone to Baskodigama on 05.01.2019 and proceeded from there for Patna on 12.01.2019, as such, the petitioner was not present at the place and time of the alleged occurrence. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, in connection with Gardanibagh P.S. Case No.14 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T