Guddu Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50993 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- RAHIKA District- Madhubani ====================================================== Guddu Kumar Ram Son Of Ganga Ram Village- Jamsam, Ps- Pandaul, DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Rahika P.S. Case No. 78 of 2024, G.R. No. 548 of 2024, instituted for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that, 100 liters spirit was recovered from tempo.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of spirit. It is further

Patna High Court CR. MISC. No.50993 of 2024(2) dt.19-07-2024 2/2 submitted that the petitioner is owner of the tempo in question. The petitioner is in custody since 12.04.2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted bail by this Court vide order dated 27-06-2024, passed in Cr. Misc. No. 45086 of 2024.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rahika P.S. Case No. 78 of 2024, G.R. No. 548 of 2024.

(Rudra Prakash Mishra, J) Raj kishore/- U T