Guddu Kumar @ Guddu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42247 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== Guddu Kumar @ Guddu Yadav, Son of Deo Nandan Yadav, Resident of Village - Keshapi, P.S.- Dobhi and Dist.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2 For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sherghati (Dobhi) P.S. Case No. 163 of 2019, registered under Section 414/34 of the Indian Penal Code and Section 30(d) of the Bihar Excise Act, 2016.
The accusation is of recovery of 36 quintal Mahua flower from the truck bearing registration no.BR25-8672, which was being driven by co-accused, Sintu Kumar Verma on instruction of Jalandhar Sao @ Baudha and Guddu Yadav (petitioner) was also sitting in the aforesaid truck. But on seeing the police personnel, all succeeded to flee away taking advantage of dark. The local Choukidar, Wakil Yadav, disclosed
Patna High Court CR. MISC. No.42247 of 2019(2) dt.09-07-2019 2/2 the name of petitioner and others, who are indulging in carrying of the aforesaid Mahua flower.
Learned counsel for the petitioner submits that petitioner is neither the owner nor the driver of the truck but due to local village politics, the name of the petitioner has been disclosed by local Choukidar and petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special JudeExcise Act, Gaya, in connection with Sherghati (Dobhi) P.S. Case No. 163 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T