Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36973 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- RAJPUR District- Buxar ====================================================== Guddu Kumar S/O Shyam Narayan Sah R/O Village-Hethua, P.S-Rajpur, District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 13-12-2021 The applicant/accused in Crime No. 40 of 2021 registered with Rajpur Police Station for the offences punishable under sections 467, 468, 469, 471, 120(B) read with Section 34 of the Indian Penal Code and 30(a), (d) of Bihar Prohibition and Excise (Amendment) Act, 2018, by this application is seeking his release on bail during pendency of the trial. Heard the learned counsel for the applicant. He submits that investigation is over and the applicant is not having any criminal antecedent.

The learned prosecutor opposed the bail application by contending that the offence is serious.

I have considered the submission so advance and perused the material placed before me.

On the basis of secret information, police officer,

Patna High Court CR. MISC. No.36973 of 2021(2) dt.13-12-2021 2/3 Krishna Kumar Singh had raided at the house of Awadh Bihari Sah and recovered illicit liquor. Six persons were apprehended and the applicant was one of them. It is reported that from the house of the applicant 22 liters of illicit liquor came to be seized.

The applicant is stated to be without any criminal antecedent. The investigation of the crime in question is already over. The applicant is undergoing pre-trial detention from 9.2.2021. Hence, further pre-trial detention of the applicant is not warranted.

The application is allowed.

The applicant/accused in Crime No. 40 of 2021 registered with Rajpur Police Station is directed to be released on bail on executing P.R. Bond of Rs. 10,000/- (Ten Thousand) on furnishing sureties of the like amount to the satisfaction of the trial court with the following conditions:- (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should not repeat the trial in expeditious disposal of the trial against him.

Patna High Court CR. MISC. No.36973 of 2021(2) dt.13-12-2021 3/3 (III) The applicant to remove all office objections forthwith and the Registry to issue bail-writ as per this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) Ravi/- U T