Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32901 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Guddu Kumar S/o Pancha Rai Resident of Sabalpur, Near Terhipul, Petrol Pump, P.S.- Nadi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajanan Mishra, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjeet Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with Gardanibagh P.S. Case No.50 of 2020 registered under sections 30(a), 32(1)(iii) and 41(1)(ii) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, 3 litres of illicit liquor was recovered from the Hyundai Santro car being driven by this petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered, he has no concern either with the seized article or with the vehicle in question. It is further submitted that the petitioner has no

Patna High Court CR. MISC. No.32901 of 2020(2) dt.09-12-2020 2/2 criminal antecedent and is in custody since 29.6.2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner that he has no concern with the vehicle in question and has no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Gardanibagh P.S. Case No.50 of 2020 (Special Case No. 4174 of 2020) on his furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.

(Partha Sarthy, J) Bibhash/- U