Guddu Yadav @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32385 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- SIMRA District- Aurangabad ====================================================== GUDDU YADAV @ SUJIT KUMAR S/o Prabhu Yadav R/o Village- Yadav Bigha, Ajaniya, P.S.- Simra, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2021 Heard Mr. Ashok Kumar, learned counsel for the petitioner and Mr. Kalyan Shankar, learned counsel appearing for the State through video conferencing.

Petitioner seeks regular bail in G.R. No. 185 of 2020 in connection with Simra P.S. Case No. 4 of 2020 registered for the offence under Section 414, 413 of the I.P.C. and Section 30 (a) of the Bihar Prohibition And Excise (Amendment)Act, 2018. Petitioner renews his prayer for bail inasmuch earlier bail application of the petitioner was rejected by this court in Cr. Misc. No. 26850 of 2020 giving him liberty to renew his prayer for bail after six months.

The allegation as per the First Information Report is that Police intercepted a motorcycle on which 02 persons including the petitioner were riding and recovered 75 liters of

Patna High Court CR. MISC. No.32385 of 2021(2) dt.07-07-2021 2/3 illicit country made liquor from the bag kept on the motorcycle and upon enquiry the petitioner informed that the motorcycle in question was stolen one and he had purchased the same from one Sudhir Kumar and he used to carry illicit liquor from the said stolen motorcycle.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he is in custody since 24/2/2020. Learned counsel further submits that charge sheet has already been submitted in the matter, the trial is not likely to be concluded in near future due to pandemic and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail.

Having heard learned counsel for the parties and taking into consideration the materials available on record , the fact that petitioner has got no criminal antecedent, he is in custody since 24/2/2020, this is 2nd attempt for bail on behalf of the petitioner and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VII cum

Patna High Court CR. MISC. No.32385 of 2021(2) dt.07-07-2021 3/3 Special Judge, Excise, Aurangabad (Bihar) in connection with Simra P.S. Case No. 4 of 2020.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T