Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69981 of 2022 Arising Out of PS. Case No.-355 Year-2022 Thana- AMAS District- Gaya ====================================================== GUDDU KUMAR S/O ASHOK SAO Resident of village- Kazi Sherghati, P.S.- Sherghati, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheikh Arkan Ahmad,Adv.
For the Opposite Party/s :
Ms.Rita Verma,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Amas P.S. Case No.355 of 2022, and Excise G.R. No.1543 of 2022, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.
The allegation is regarding recovery of 50 litres of illicit country made liquor from a sack tied on the back seat of the motorcycle, being driven by the petitioner.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 12.09.2022. The
Patna High Court CR. MISC. No.69981 of 2022(2) dt.09-02-2023 2/2 learned counsel for the petitioner has further submitted that the petitioner is an accused in one another case, but he is on bail in the said case. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge- 2nd, Gaya, in connection with Amas P.S. Case No.355 of 2022, and Excise G.R. NO.1543 of 2022. (Mohit Kumar Shah, J) kanchan/sonalU T