Guddu Das @ Guddu Ram @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.304 of 2023 Arising Out of PS. Case No.-324 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== GUDDU DAS @ GUDDU RAM @ GUDDU KUMAR S/O SURESH RAM Resident of village- Ajampur, P.S.- Desari (O.P.- Chandpura), DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 399, 402 of the Indian Penal Code, Sections 25(1-b)a/26/35 of Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner along with coaccused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested them but this petitioner succeed to flee away. On search, three country made pistol along with live cartridges, 4.68 liters liquor & motorcycle

Patna High Court CR. MISC. No.304 of 2023(2) dt.24-03-2023 2/3 were recovered from the possession of the accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of arms as well as illicit liquor rather his name was disclosed in the case by apprehended accused persons. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 25.4.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahnar P.S. Case No. 324 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.II-

Patna High Court CR. MISC. No.304 of 2023(2) dt.24-03-2023 3/3 cum-Additional District and Sessions Judge, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Amandeep/- U T