Rahul Kumar @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43394 of 2022 Arising Out of PS. Case No.-727 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== RAHUL KUMAR @ GUDDU S/o Shankar Chaudhary Resident of Village - Bakhra, P.S.- Saraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitu Kumari, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Saraiya P.S. Case No. 727 of 2021 registered for the offence under Sections 272, 273, 284, 328, 307, 302, 34 and 120(B) of the Indian Penal Code and Sections 30(a), 30(c) and 30(b) of Bihar Prohibition and Excise Act, 2016.

The accused/petitioner is not named in the F.I.R. and is in custody since. 10.03.2022.

The allegation against the petitioner is to involve in manufacturing, distribution and serving of spurious liquor, which caused death of three persons.

Patna High Court CR. MISC. No.43394 of 2022(2) dt.27-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that there is no recovery of spurious liquor from the physical possession of the petitioner, as per seizure list. It is submitted that nothing surfaced during course of investigation, which may connect the petitioner with alleged spurious liquor which was served in party. It is further submitted that nature of allegation against the petitioner is very much general and omnibus. It is also submitted that petitioner was remanded in present case from Saraiya P.S. Case No. 728 of 2021. It has been submitted that investigation is complete, for which chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as the nature of allegation against the petitioner is very much general and omnibus, as regard to manufacturing or serving of alleged illicit liquor coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Saraiya P.S. Case No. 727 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge,

Patna High Court CR. MISC. No.43394 of 2022(2) dt.27-08-2022 3/3 Excise Court No.II, Muzaffarpur/concerned court, subject to the following conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner. (ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Shankar Chaudhary, who is the father of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) R.S.Sen/- U T