Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44632 of 2021 Arising Out of PS. Case No.-117 Year-2021 Thana- PARSA District- Saran ====================================================== Guddu Kumar S/o Horil Rai R/o village- Saraisaho, P.S.- Dariyapur, DistrictSaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Basant Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-01-2022 Heard the parties through the video conferencing. Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State. Petitioner who is in custody since 11.6.2021 seeks regular bail in connection with Parsa P.S. Case No. 117 of 2021 registered for the offence punishable under sections 120(B)/272/273 of the Indian Penal Code and Sections 30/30(a)/33/38/41 of the Bihar Prohibition & Excise Act, 2016. Prosecution case in brief is that total 870 liters of illicit liquor was recovered from the Pallani of the co-accused Amaresh Manjhi Learned counsel appearing on behalf of the petitioner submits that the only allegation against the petitioner is that the

Patna High Court CR. MISC. No.44632 of 2021(2) dt.11-01-2022 2/3 alleged motorcycle which was recovered from the spot belongs to the petitioner. The petitioner has been remanded in this case from Dariyapur P.S. Case No. 183 of 2021 and the alleged huge quantity liquor was recovered from the Palani of the one coaccused Amaresh Manjhi, the petitioner has falsely been implicated in the present case.

Learned counsel appearing on behalf of the State has opposed the prayer for grant of bail to the petitioner. Considering the above mentioned facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 100,000/- (One lakh) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II cum Special Judge, Excise, Saran, in connection with Parsa P.S. Case No. 117 of 2021subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.44632 of 2021(2) dt.11-01-2022 3/3 to move for cancellation of bail of the petitioner.

(4) If the petitioner found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) Ravi/- U T