Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61535 of 2017 Arising Out of PS.Case No. -344 Year- 2017 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Guddu Kumar Son of Late Devendra Yadav @ Jamindra Yadav Resident of village- Sabnahua Dih, P.S.- Harnaut, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Chandra, Advocate For the State : Mr. Sri Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Harnaut P.S. Case No. 344 of 2017 instituted for the offence under Section 290 of the Indian Penal Code and Section 30(A) of the Bihar Excise Amendment Act, 2016.

The allegation is regarding recovery of 860 liters of illicit country made liquor from a pick up van while the liquor was being unloaded from the said van. The co-accused persons arrested at the spot are said to have disclosed the name of other accused persons including the petitioner herein. The learned counsel for the petitioner submits that the present case is out and out a case of false implication and neither the petitioner was arrested from the spot nor any recovery has been

Patna High Court Cr.Misc. No.61535 of 2017 (2) dt.21-12-2017 2/2 made from his conscious possession. It is submitted that the petitioner has a fair antecedent and he is in custody since 02.11.2017.

Considering the nature of accusation and the period of custody already undergone by the petitioner herein, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional District and Sessions Judge-cum-Special Judge, Excise, Nalanda at Bihar Sharif in connection with Harnaut P.S. Case No. 344 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T