Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2986 of 2021 Arising Out of PS. Case No.-482 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

Guddu Kumar S/O Sigeshwar Das, Resident Of Village - Chak Mohhmad Chisti, P.S. - Ganga Bridge, District - Vaishali 2.

Mintu Kumar S/O Hari Shankar Rai, Resident Of Village - Tirsiya, P.S. - Ganga Bridge, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh- Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-03-2021 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor appearing for the State.

The petitioners seek regular bail in connection with Sakra (Bariyarpur O.P.) P. S. Case No.482 of 2020 registered for the offences punishable under Sections 272, 273, 414 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act. As per prosecution case, on secret informant, a raid was conducted and petitioners were apprehended with 30 litres of country-made chulai liquor which was kept on the motorcycle. It is submitted that nothing has been recovered from the possession of the petitioner. Petitioner has got no

Patna High Court CR. MISC. No.2986 of 2021(2) dt.15-03-2021 2/3 concern with alleged liquor and motorcycle. Only on suspicion, they were apprehended while they were standing besides the motorcycle. Petitioners have been falsely implicated in this case. They have no criminal antecedent and are in custody since 24.09.2020. Charge-sheet has already been submitted against them.

Counsel for the State opposed the prayer.

Considering the quantity of liquor as well as period of custody coupled with the fact that petitioners have got no criminal antecedent, prayer for bail of the petitioners are allowed, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge- Excise, Muzaffarpur in connection with Sakra (Bariyarpur O.P.) P. S. Case No.482 of 2020.

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled

Patna High Court CR. MISC. No.2986 of 2021(2) dt.15-03-2021 3/3 by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) vikash/- U T