Guddu Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24264 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- RUPASPUR District- Patna ====================================================== GUDDU CHAUHAN, aged about 22 years, Male, Son of Shambhu Chauhan, Resident of Village/Mohalla- Brindawan Colony, Road No. 1, P.S.- Rupaspur, District- Patna ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shakti Suman Kumar, Adv.
For the Opposite Party :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Special Case No. 2102 of 2019 all Rupaspur P.S. Case No. 89 of 2019 for the offences alleged under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that during vehicle checking, the petitioner was caught with the bag containing 10 liters of illicit liquor in his motorcycle. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from his conscious possession and he is languishing in judicial custody since 24.02.2019.
Patna High Court CR. MISC. No.24264 of 2019(2) dt.19-04-2019 2/2 However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the nature of allegations and that the petitioner does not bear a criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 2102 of 2019 all Rupaspur P.S. Case No. 89 of 2019 to the satisfaction of the learned Special Judge, Excise Act, Patna, or the successor Court.
(Nilu Agrawal, J) Shamshad/- U T