Patna High CourtCR. MISC./27026/2018bail granted

Guddu Kumar Gupta @ Guddu Kumar And ANR v. The State Of Bihar

2018-05-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27026 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- PANCHRUKHI District- Siwan ======================================================

1. Guddu Kumar Gupta @ Guddu Kumar Son of Gautam Prasad Gupta.

2. Ravi Kumar Gupta, Son of Manohar Kumar Gupta. Both Resident of Village-Sahlaur, Police Station-Sarai O.P., District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 220 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired on the basis of disclosure made by co-accused namely Godhan Sah and Vinod Prasad. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.27026 of 2018(2) dt.02-05-2018 2/2 evidence to suggest the implication of the petitioners in this case. It is alleged that 220 liters wine is recovered by the side of the school from a bush. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Siwan in connection with Pachrukhi (Sarai) P.S. Case No. 13/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T