Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42258 of 2023 Arising Out of PS. Case No.-1352 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== GUDDU KUMAR Son of Budhan Singh Resident of village - Bhadas South, P.S. - Muffasil, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per prosecution case, there has been recovery of 37 liters of illegal country-made liquor and one country-made pistol from the hut.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern with the seized liquor as well as arms and the place of occurrence does not

Patna High Court CR. MISC. No.42258 of 2023(2) dt.14-07-2023 2/2 belongs to the petitioner. No incriminating article has recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 17.03.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Khagaria P.S. Case No. 1352 of 2022.

(Sunil Kumar Panwar, J) arish/- U T