Guddu Chaudhary @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24832 of 2019 Arising Out of PS. Case No.-307 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== Guddu Chaudhary @ Guddu Kumar, Male, aged about 20 Years, Son of Suresh Chaudhary, Resident of Village Sanokhara, P.S. Akbarpur, DistrictNawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Akbarpur P.S. Case no. 307 of 2018, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, informant raided on the bank of Sanokhara river and found brewing of liquor there and seized 70 litres of country made liquor and apprehended one Gorelal Chaudhary while others managed to escape. Said Gorelal Chaudhary disclosed the name of the petitioner as one of his fleeing accomplices in the occurrence. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no

Patna High Court CR. MISC. No.24832 of 2019(2) dt.17-04-2019 2/2 concern either with the seized liquor or place of recovery or any trade of liquor. Place of recovery is open place. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the disclosure made by said Gorelal Chaudhary due to animosity. There is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II cum Special Judge, Nawada in connection with Akbarpur P.S. Case No. 307 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T