Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32239 of 2021 Arising Out of PS. Case No.-648 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== GUDDU KUMAR Son of Upendra Prasad @ Upendra Singh Resident of Village- Chein, P.S.- Gurua, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Adv.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2021 Heard Mr. Shailesh Kumar, learned counsel for the petitioner and Mr. Amit Kumar Rakesh, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Sherghati PS Case No. 648/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Amendment Act, 2016.

As per prosecution case, the police intercepted the motorcycle of the petitioner and recovered 50 litres country made illicit liquor (Mahua) from a bag tied with the said motorcycle.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique

Patna High Court CR. MISC. No.32239 of 2021(2) dt.16-12-2021 2/3 motive by the police. Learned counsel further submits that petitioner has got no criminal antecedent of similar nature and the motorcycle, from where the illicit liquor has been recovered, does not belong to the petitioner.

It is also submitted that the petitioner is in custody since 20.12.2020 and the charge-sheet in the matter has already been submitted and there is no likelihood that the petitioner will abscond or will tamper with the evidences, if released on bail. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent of similar nature and the motorcycle, from where the illicit liquor has been recovered, does not belong to the petitioner, petitioner is in custody since 20.12.2020 and the charge-sheet, in the matter, has already been submitted and there is no likelihood that the petitioner will abscond or will tamper with the evidences, if released on bail, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, GUDDU KUMAR be released on bail on furnishing bail bond of Rs. 10,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in

Patna High Court CR. MISC. No.32239 of 2021(2) dt.16-12-2021 3/3 connection with Sherghati PS Case No. 648/2020. (Anil Kumar Sinha, J) perwez U T