Guddu Kumar @ Gaddu Kumar @ Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40415 of 2021 Arising Out of PS. Case No.-146 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== GUDDU KUMAR @ GADDU KUMAR @ GUDDU YADAV Son of Rajendra Yadav Resident of Village - Pathara (Jadopur Shukul), Police Station - Jadopur (Yadopur), District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mrs.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Yadopur (Jadopur) P.S. Case No. 146 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per the First Information Report 135 liters 800 ml of illicit country made liquor has been recovered from the motorcycle standing near the cow shed / bathan of the petitioner and when Police reached the place of occurrence two persons started fleeing away and they succeeded in the same. The name of the petitioner has been disclosed by the village Chaukidar. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.40415 of 2021(2) dt.27-01-2022 2/3 petitioner has falsely been implicated in this case on the basis of disclosure made by the village Chaukidar and he has not committed any offence in the manner alleged. He further submits that the motorcycle from where illicit liquor has been recovered does not belong to the petitioner and no illicit liquor has been recovered from his conscious possession or from the vehicle belonging to him. The petitioner has got no criminal antecedent, he is in custody since 14 / 4 / 2021, charge sheet has already been submitted and trial is not likely to be concluded in near future due to Covid 19 pandemic.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 14-4-2021 , no illicit liquor has been recovered from his conscious possession or the vehicle belonging to him, charge sheet has already been submitted and trial is not likely to be concluded in near future due to Covid- 19 pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II- cum-

Patna High Court CR. MISC. No.40415 of 2021(2) dt.27-01-2022 3/3 Special Judge (Excise), Gopalganj in connection with Yadopur (Jadopur) P.S. Case No. 146 of 2020.

(Anil Kumar Sinha, J) praful/- U T