Guddu Kumar @ Shiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32306 of 2021 Arising Out of PS. Case No.-121 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== GUDDU KUMAR @ SHIV KUMAR SINGH Son of Kishundeo Singh Resident of Village - Sirsia, P.S.- Kathaiya, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan- Advocate Mr. Jitendra Kumar Shrivastava- Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Kathaiya P. S. Case No.121 of 2019, instituted for the offences under Sections 272, 273/ 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The learned counsel for the petitioner submits that the petitioner is in custody since 17.02.2021 and charge-sheet has been submitted in this case.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that altogether 4763.700 litres of country-made foreign liquor was recovered from a truck and the apprehended accused

Patna High Court CR. MISC. No.32306 of 2021(2) dt.30-11-2021 2/2 person disclosed his name as Salman Khan (co-driver) and further, disclosed that Raman (main driver) along with other accused persons fled away on seeing the police. The learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name has transpired during course of investigation.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 17.02.2021 and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Kathaiya P. S. Case No.121 of 2019.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T