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Patna High CourtCR. MISC./44512/2023allowed

Guddu Kumar @ Sumit Murmu v. The State Of Bihar

2023-07-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44512 of 2023 Arising Out of PS. Case No.-1075 Year-2022 Thana- KANKARBAG District- Patna ====================================================== GUDDU KUMAR @ SUMIT MURMU S/O BINOD MURMU R/O Tarapur, P.S- Chandramandi, Distt.- Jamui, At present residing at Boring Road Pani Tanki, Road No.-04, P.S- Patiliputra, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 32(ii)(iii), 41(i) (ii) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 190.80 liters of illegal liquor from a Santro Car and Motorcycle.

4. 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 apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicles or with the wine in question. He submitted that the co-accused namely, Raushan Kumar @ Roushan Kumar,

Patna High Court CR. MISC. No.44512 of 2023(2) dt.28-07-2023 2/2 who also apprehended on spot has already been granted bail by a Co-ordinate Bench vide order dated 25.02.2023 passed in Cr. Misc. No. 1639 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 13.11.2022.

5. The application for bail is opposed by learned APP for the State.

6. 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 below in connection with Kankarbag P.S. Case No. 1075 of 2022.

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