Guddu Kumar @ Guddu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66852 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== Guddu Kumar @ Guddu Yadav Son of Mohan Lal Yadav @ Mohan Yadav Resident of village - Harikirtan Bigha, P.S.- Deo, District - Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Rupa Kumari, Advocate For the Opposite Party/s :
Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Madanpur P.S. Case No. 104 of 2022 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 20.09.2022.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there
Patna High Court CR. MISC. No.66852 of 2022(2) dt.23-12-2022 2/3 was recovery of 1222.5 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused persons, namely, Rahul Kumar and Santosh Kumar, in furtherance thereof, no incriminating material recovered from the physical possession of this petitioner, which may connect him with alleged recovery of illicit liquor. It is submitted that petitioner involved in twelve
(12) more cases of similar nature, where he is on bail in all cases, his name surfaced in present case also out of suspicion arises out of his criminal antecedents, having otherwise no bearing over the merit of the present case. While concluding the argument, it is submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.
Learned APP, opposes the prayer of bail.
In view of the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears to be made from the conscious physical possession of this petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Madanpur P.S. Case No. 104 of 2022 on
Patna High Court CR. MISC. No.66852 of 2022(2) dt.23-12-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-I, Aurangabad/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C with further condition:
"That Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents."
(Chandra Shekhar Jha, J) R.S.Sen/- U T