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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59353 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Guddu Kumar Rai @ Guddu Kumar, Son of Brahmdeo Rai, Resident of Village Naya Gawn, Bishar Sthan, P.S.- Desari, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Desari (Chandpura O.P.) P.S.Case No.82 of 2017 instituted for the offence under Sections 30(a), 32(2) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 385.180 litres of illicit foreign wine from the TATA Mazic Pick up Van. The learned counsel for the petitioner submits that the petitioner is said to be the owner of the said vehicle. However, the fact is that the said vehicle, which was purchased by the petitioner on loan, was taken back by the agent who had granted loan, namely, Ravi Shankar Rai, but the registration had not been

Patna High Court Cr.Misc. No.59353 of 2017 (2) dt.22-12-2017 2/2 transferred in the name of the second purchaser, hence, the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean antecedent languishing in jail custody since 06.11.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner, named above, to be released on regular bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned 2nd Additional and Sessions Judge- cum- Special Judge , Vaishali at Hajipur, in Desari (Chandpura O.P.) P.S. Case No.82 of 2017.

(Mohit Kumar Shah, J) AnilKrSinha/- U