Guddu Das @ Guddu Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19446 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== Guddu Das @ Guddu Kumar Das S/o Late Surendra Das R/o vill - Motipur, P.S. - Tajpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2024

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 offences punishable under Sections 420, 466, 468, 471, 120B and 34 of the Indian Penal Code read with Sections 30(a), 32(i)(iii), 36 and 41(i) and 41(ii) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 3201.120 liters of liquor from a truck.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is neither the owner nor the driver of the seized truck but came to be

Patna High Court CR. MISC. No.19446 of 2024(2) dt.21-03-2024 2/2 implicated based on the confessional statement of Dinesh Nayan and Sumer in police custody which does not have any evidentiary value, It is also submitted that it appears that he police in order to save the real culprits falsely got the the implicated because of his antecedent.

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

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) 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 Karpurigram P.S. Case No. 25 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T