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Patna High CourtCR. MISC./64479/2022allowed

Guddu Kumar @ Guddu Yadav v. The State Of Bihar

2022-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64479 of 2022 Arising Out of PS. Case No.-138 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Guddu Kumar @ Guddu Yadav Son of Ravindra Ray R/o- Samastipur Road, Mahua Singh Rai East, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghaw Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahua P.S. Case no. 138 of 2022 instituted for the offence under Sections 30 (a), 41 (i) of Bihar Prohibition & Excise Act. Prosecution case relates to recovery of total 404.61 of IMFL from the truck bearing registration No. WB-35-1034. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern either with the alleged recovery or with the vehicle in question. The name of petitioner sprang up in this case on basis of secret information. Similarly situated coaccused persons have been granted bail by this court vide order

Patna High Court CR. MISC. No.64479 of 2022(2) dt.02-12-2022 2/2 dated 23.09.2022 passed in Cr. Misc. No. 38843 of 2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mahua P.S. Case no. 138 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Prohibition & Excise 2nd cum Addl. District & Sessions Judge, Hajipur, Vaishali subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T