Guddu Singh @ Guddu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41456 of 2018 Arising Out of PS. Case No.-8 Year-2018 Thana- GAYGHAT District- West Champaran ====================================================== Guddu Singh @ Guddu Kumar Singh, S/o Suresh Singh @ Suresh Pd. Singh, R/o Vill-Bela Gopi P.S. Gaighat, District-Muzaffarpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar For the Opposite Party/s :
Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Gaighat P.S. Case No. 8 of 2018 registered under Sections 272, 273 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act 2016.
17.280 lts. of foreign liquor is said to have been recovered from the mustard field of Sanjay Singh allegedly kept there by the petitioner and two other accused persons, and the petitioner was apprehended at the place of occurrence. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no
Patna High Court Cr.Misc. No.41456 of 2018(2) dt.11-07-2018 2/2 concern either with the seized liquor or with the place of recovery. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. The seizure list does not bear the signature of the petitioner. Barring the present case, no more case under Excise Act has been lodged against the petitioner. He has been languishing in custody since 14.05.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in connection with Gaighat P.S. Case No. 8 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T