Guddu Kumar @ Guddu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37075 of 2021 Arising Out of PS. Case No.-234 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Guddu Kumar @ Guddu Sahni S/o Chander Sahni R/o village- Sanathi, Rudha, P.S.- Bochahan, Distt.- Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Shekhar Pandey, Advocate For the Opposite Party/s :

Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bochahan P.S. Case No. 234 of 2020 instituted for the offences under Sections 272, 273 and 120(B) of the Indian Penal Code read with Sections 30(a) and 33 of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 19.03.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation in the F.I.R. is of recovery of 4168.800 liters of liquor from a truck as detailed in the F.I.R.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.37075 of 2021(2) dt.07-12-2021 2/2 petitioner has no concern with the aforesaid vehicle, nor the liquor belongs to him, nor the petitioner was apprehended at the place of occurrence and his name as come on the basis of confessional statement of a co-accused.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 19.03.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Bochahan P.S. Case No. 234 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T