Satish Kumar @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35002 of 2017 Arising Out of PS.Case No. -253 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================
1. Satish Kumar @ Guddu Son of Chandu Ram, R/v- Kauri, P.S.- Paliganj, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 17.05.2017 in connection with Jehanabad P.S. Case No. 253/2017, Excise Case No. 469/2017 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
The prosecution case, as lodged by the informant, is that the police during patrolling seized a pick-up van. The driver of the vehicle managed to flee away and from the pick-up van 261 litres of foreign liquor was recovered.
It has been submitted by the learned counsel for the petitioner that he is innocent, was not arrested at the spot, bears no
Patna High Court Cr.Misc. No.35002 of 2017 (2) dt.31-07-2017 2/2 criminal antecedent and that he was arrested after one month of the alleged occurrence. He submits that although he is the driver but the owner of the vehicle Dipak Kumar has falsely named him of driving the vehicle on the date of occurrence although he had gone to the Shradh Ceremony on the date of occurrence and has been falsely implicated.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in jail custody 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) cum Addl. Sessions Judge-II, Jehanabad, in connection with Jehanabad P.S. Case No. 253/2017, Excise Case No. 469/2017. (Nilu Agrawal, J) Rajesh/- U T