Guddu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62496 of 2018 Arising Out of PS. Case No.-151 Year-2018 Thana- SOHSARAI District- Nalanda ======================================================

1. Guddu Kumar, son of Arvind Gope

2. Karu Gope, son of Gopali Gope Both are Resident of Village- Habibpura, Police StationSohsarai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Ajeet Kumar, Advocate For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-10-2018 Heard Dr. Ajeet Kumar, learned counsel for the petitioners.

Two petitioners, who are apprehending their arrest in connection with Sohsarai P.S. Case No. 151 of 2018, registered for the offence under Section 30(a), 38 of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.

Learned counsel for the petitioners at the very outset has drawn my attention to the statement made in paragraph - 3 of the petition to show that petitioners are having clean antecedent. It has further been argued that petitioners have been made accused on an accusation as if after seeing police party petitioners with one another person throwing a bag containing

Patna High Court Cr.Misc. No.62496 of 2018(2) dt.08-10-2018 2/2 country made liquor fled away. He submits that due to village politics petitioners have been made accused in the present case, otherwise petitioners are having clean antecedent. Considering the nature of accusation as well as clean antecedent of both the petitioners, in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners (1) Guddu Kumar ; and (2) Karu Gope be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge VI -cum- Special Judge ( Excise ), Nalanda, Biharsharif / concerned court in connection with Sohsarai P.S. Case No. 151 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T