Guddu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58140 of 2023 Arising Out of PS. Case No.-276 Year-2023 Thana- OBRA District- Aurangabad ====================================================== GUDDU KUMAR SINGH Son of Kanhai Singh Resident of village - Pathak Bigaha, P.S. - Hariharganj, Distt. - Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail registered for the offence punishable under sections 30(a) of the Indian Penal Code.

Prosecution case relates to recovery of 320 litres of IMFL from Tabera Car of which petitioner was driver and he was arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is a man of clean

Patna High Court CR. MISC. No.58140 of 2023(3) dt.18-10-2023 2/2 antecedent. Petitioner is languishing in judicial custody since 28.6.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 5,000/- (Rs. Five thousand) in the concerned DLSA.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 of Spl. Judge, Excise Court no. 2, Auranbabad in connection with Obara P.S. Case No. 276 of 2023.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 5,000/- (Five thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U