Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5827 of 2021 Arising Out of PS. Case No.-357 Year-2020 Thana- SAHPUR District- Patna ====================================================== Guddu Son of Ram Chandra Mahto Resident of Village- Gosain Tola, P.S.- Patliputra, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-04-2021 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 60 litres country-made mahua liquor from a tempo which was being driven by the petitioner. It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. It has further been submitted that petitioner has been dragged in three other excise cases relating to same police station due to enmity with police. Petitioner is in judicial custody since 04.10.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court CR. MISC. No.5827 of 2021(2) dt.15-04-2021 2/2 furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Special Case No. 5803 of 2020 arising out of Shahpur P.S. Case No. 357 of 2020 with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

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

(4) If the petitioner is found involved in similar nature of offences, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) shahzad/- U T