Patna High CourtCR. MISC./55691/2023allowed

Guddu Kumar v. The State Of Bihar

2023-08-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55691 of 2023 Arising Out of PS. Case No.-237 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== GUDDU KUMAR S/O Upendra Yadav R/O Village- Ambatari, P.SChouparan, Distt.- Hazaribagh, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anmol Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 414 of the IPC and Sections 30(a)/45 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 75.875 liters of illegal English liquor from motorcycle of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. No incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.55691 of 2023(2) dt.30-08-2023 2/2 petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 02.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 below in connection with Wajirganj P.S. Case No. 237 of 2023.

(Sunil Kumar Panwar, J) arish/- U