Guddu Kumar @ Guddu Sah v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66916 of 2023 Arising Out of PS. Case No.-213 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Guddu Kumar @ Guddu Sah, Son of Rajendra Sah, Resident of Village - Ajgari Nayka Tola, Police Station - Banjariya, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya (Raghunathpur) P.S. Case no. 213 of 2023, registered under sections 272 and 273 of the Indian Penal Code and sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on an information having been received about the accused persons dealing in liquor, it is stated that a raid was conducted. While three accused persons including the petitioner herein managed to escape, 52 litres of liquor was recovered.

4. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any

Patna High Court CR. MISC. No.66916 of 2023(2) dt.17-10-2023 2/2 incriminating article has been recovered from his possession. The petitioner has been falsely implicated in the case because of his antecedents. He has no concern with the seized liquor nor with the land from which the alleged seizure took place. The petitioner is in custody since 1.8.2023.

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

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the petitioner not having been arrested at the spot together with the petitioner having remained in custody since 1.8.2023, the petitioner is directed to be enlarged on bail in connection with Turkauliya (Raghunathpur) P.S. Case no. 213 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1, East Champaran at Motihari.

(Partha Sarthy, J) avinash/- U T