Guddu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48738 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -ASAWAN District- SIWAN ======================================================

1. Guddu Ram, Son of Late Shiv Pujan Ram, resident of VillagePiprahiya, Police Station- Asaon, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 308 of the Indian Penal Code and Section 30 and 30 (A) of the Bihar Prohibition and Excise Act, 2016.

2.880 liters of foreign liquor is said to have been recovered from near the poultry firm of the petitioner and the petitioner managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery. The place of

Patna High Court Cr.Misc. No.48738 of 2018 (02) dt.09-08-2018 - 2 - recovery is an open place and easily accessible to anyone. He has been falsely implicated in this case at the instance of his enemy. Though one case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 18.07.2018.

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 Additional Sessions Judge-II-cum-Special Judge, Siwan in connection with Asaon P.S. Case No. 26 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T