Guddu Kumar @ Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78909 of 2024 Arising Out of PS. Case No.-217 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== Guddu Kumar @ Anuj Kumar Son of Vijay Yadav village- Korya, Ps- Gurpa, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Parnadabar P.S. Case No. 217 of 2024 registered for the offences punishable under Sections 30(a)/41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case in short is that total 100 litres of liquor has been recovered from motorcycle. Petitioner was not arrested on the spot.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.78909 of 2024(2) dt.11-11-2024 2/2 petitioner. Petitioner has no knowledge and concern regarding the recovered liquor. Petitioner has no concern with the motorcycle in question. There is no compliance of Section 100 of the Cr.P.C. Other co-accused has been granted regular bail by this Court vide order dated 28-10-2024, passed in Cr. Misc. No. 77199 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parnadabar P.S. Case No. 217 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T