Guddu Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.63408 of 2017 (3) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63408 of 2017 Arising Out of PS.Case No. -125 Year- 2017 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Guddu Singh S/o Shambhu Singh, R/o Village- Choubey Ambara, P.S.- Saraiya, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s : Mr. Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 399,402,412 of the Indian Penal Code, 25(1-b)A, 26 and 35 of the Arms Act, 20,22 of the NDPS Act and 30(a) and 37(a) of the Bihar Prohibition and Excise Act.

It is submitted by the petitioner's counsel that he has been implicated in this case falsely at the instance of certain enemies. Neither he has been arrested from the place of occurrence nor has any incriminating articles been recovered from his possession. He denies the recovery whatsoever. It is also submitted that delay in transmission of the FIR of about 24 hours proves the falsity of the entire case. Petitioner is in jail custody since 13.05.2017.

Patna High Court Cr.Misc. No.63408 of 2017 (3) dt.17-02-2018 In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge-cum-Special Judge, Excise, Muzaffarpur in Motipur P.S. Case No. 125 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U