Guddu Yadav @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26850 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- SIMRA District- Aurangabad ====================================================== GUDDU YADAV @ SUJIT KUMAR Son of Prabhu Yadav Resident of Village- Yadav Bigha Ajaniya, Police Station- Simara, District- Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Narayan Mahto For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-10-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Simara Police Station Case No. 04 of 2020, registered for the offences punishable under Sections 413/414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police intercepted a motorcycle on which two persons, including the petitioner, were riding, and recovered 75 litres of illicit country-made liquor from the bag kept on the motorcycle and upon enquiry, the petitioner informed that the motorcycle was a stolen motorcycle and he purchased the same from one

Patna High Court CR. MISC. No.26850 of 2020(2) dt.19-10-2020 2/2 Sudhir Kumar and he used to carry illicit liquor from the said stolen motorcycle.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner has got no criminal antecedent and he is in custody since 24.02.2020. Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that along with illicit liquor, stolen motorcycle has also been recovered from the possession of the petitioner, I am not inclined to grant regular bail to the petitioner, at this stage. This application is, accordingly, dismissed.

However, the petitioner may renew his prayer for bail after six months from today, if the trial does not show any progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √