Guddu Kumar @ Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66800 of 2022 Arising Out of PS. Case No.-203 Year-2022 Thana- MAKER District- Saran ====================================================== Guddu Kumar @ Gautam S/o Bahadur Rai R/v- Ganj Masuriya, P.S.- Maker, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 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 Maker P.S. Case no. 203 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 120 litres of country made liquor from open field. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal

Patna High Court CR. MISC. No.66800 of 2022(2) dt.09-12-2022 2/3 antecedent. He has no concern either with the alleged recovery or with the place of occurrence. The name of the petitioner has sprang up in this case as being the son of co-accused Bahadur Rai. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. It is submitted that father and son both cannot be implicated for the same offence. 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 Maker P.S. Case no. 203 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 2nd Exclusive Special Excise

Patna High Court CR. MISC. No.66800 of 2022(2) dt.09-12-2022 3/3 Court, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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