Guddu Bihari @ Adarsh Kushwaha @ Guddu Kumar @ Bihari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62849 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== Guddu Bihari @ Adarsh Kushwaha @ Guddu Kumar @ Bihari (male) aged about 27 years, S/O Manoj Singh, R/O- Village- Mirjanagar Paharpur, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehend his arrest in connection with Jandaha P.S. Case No. 12 of 2019 registered under section 30 (a) of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner, as per first information report, that the police intercepted parcel van, Alto car and one motorcycle and recovered a total quantity of 1813 liters of illicit foreign liquor from the three vehicles. The name of the petitioner has been disclosed by one arrested person namely Jitender Kumar.

Learned counsel appearing for the petitioner submits that the petitioner has unnecessary been dragged in this case merely on the basis of statement made by the arrested co-accused. Learned counsel further submits that the petitioner has falsely been

Patna High Court CR. MISC. No.62849 of 2019(2) dt.22-10-2019 2/2 implicated in this case inasmuch as no illicit liquor has been recovered from the conscious possession or from the vehicles belonging to the petitioner. Learned counsel referring to paragraph no. 7 of this petition submits that seized vehicles do not belong to the petitioner.

Having regard to the submissions made by the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession or from the vehicles belonging to the petitioner, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sess. Judge, IInd -Cum- Special Judge, Excise and Prohibition, Vaishali at Hajipur in connection with Jandha P.S. Case No.12 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U