Guddu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32552 of 2016 Arising Out of PS.Case No. -109 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Guddu Kumar Sah son of Dinesh Prasad resident of Mirchaipatti Sitamarhi, Police Station+ District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 47(A) of the Bihar Excise Amendment Act, 2016.

Learned counsel for the petitioner submits that the entire allegations are false and mischievous and have been saddled on the shoulder of the petitioner only because the petitioner had asked for his remuneration from the Investigating Officers who had been taking breakfast at his small shop. Learned counsel for the petitioner submits that on his locked shop, the police came and placed its own lock which is present till date. He further submits that if at all, any recoveries were made, it was not from his conscious possession as admittedly the petitioner was not present

Patna High Court Cr.Misc. No.32552 of 2016 (2) dt.23-12-2016 P2/2 on the said date and time of raid.

Considering the aforementioned facts and circumstances of the case and that the recoveries alleged to have been made, were not from the petitioner's conscious possession, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Excise Case No. C2/109 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T