Patna High CourtCR. MISC./37163/2020allowed

Guddu Yadav @ Guddu v. The State Of Bihar

2021-02-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37163 of 2020 Arising Out of PS. Case No.-338 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== Guddu Yadav @ Guddu (Male) aged about 34 years, S/o Gulabi Yadav Resident of Village- Chiraila, P.S.- Barun, District- Aurangabad. ... ... Petitioner

Versus

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

For the Petitioner :

Mrs. Lilawati Singh, Advocate For the Opposite Party :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Sherghati (Dobhi) P.S. Case No.338 of 2020, for the offence under Section 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.

In the instant case, total 1297.5 litres of country made liquor was seized from pickup van.

Learned counsel appearing on behalf of the petitioner submits that petitioner is the driver of the pickup van and he is not the owner of the liquor. Petitioner is in custody since 12.07.2020.

Patna High Court CR. MISC. No.37163 of 2020(2) dt.02-02-2021 2/2 Considering the fact that the petitioner has no criminal antecedent and he is in custody since 12.07.2020, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.1,00,000/- in cash. On depositing the amount of Rs.1,00,000/-, petitioner, abovenamed, shall be released on bail on furnishing bail bond of Rs. 1,00,000/- (Rupees one lakh) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Excise, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 338 of 2020.

Deposit of Rs.1,00,000/- (Rupees one lakh) shall abide by final outcome of Sherghati (Dobhi) P.S. Case No. 338 of 2020.

(Anil Kumar Upadhyay, J) BT/- U T