Guddu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70117 of 2019 Arising Out of PS. Case No.-256 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Guddu Rai, S/o Ramayodhya Ray, R/o village- Banaura, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2019 This is an application for grant of anticipatory bail in connection with Gopalganj Excise Case No. 256 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per F.I.R. there is recovery of 490 liters of Sprit from the field of one co-accused. It is said that petitioner is also involved in the said liquor trade. It further appears that petitioner is accused in one more similar type of case. Submission of the learned counsel for the petitioner is that F.I.R. itself shows that there is nothing recovered from his possession or at his instance, rather the same is recovered from the other accused persons. He is ready to abide by any condition imposed upon him.
Heard learned A.P.P. also.
Patna High Court CR. MISC. No.70117 of 2019(2) dt.15-11-2019 2/2 Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, surrender before the court below within a period of three weeks from the date of receipt of certified copy of this order, on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Gopalganj, in connection with Gopalganj Excise Case No. 256 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that if his same activity is found in future, in such situation, prosecution is at liberty to move for cancellation of his bail bonds. Let a copy of this order be sent to the S.P. Gopalganj, for needful.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T