Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83237 of 2024 Arising Out of PS. Case No.-316 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Guddu Kumar S/O Jawahar Singh Resident of Village- Pagaimbarpur Gorigamma, P.S- Goraul,Dist- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aniket Singh, Adv.

For the Opposite Party/s :

Mr.B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Goraul P.S. Case no. 316 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner along with other co-accused persons is that from the house of Jawahar Singh, altogether 230 liters of country made liquor was recovered. Jawahar Singh disclosed the name of his son namely, Amit Kumar, Guddu Kumar and two others.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.83237 of 2024(2) dt.12-12-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that house is joint one and petitioner lives with his father. It is next submitted that nothing has been recovered from possession of the petitioner. His name has surfaced only on the basis of statement of his father, A statement has been made in para-3 of this petition that the petitioner is having criminal antecedent of one case that is not of similar nature.

5. In contra, learned APP appearing for the State and learned counsel for the informant have opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Goraul P.S. Case No. 316 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-1stcum-Additional District & Sessions Judge, Vaishali at Hajipur

Patna High Court CR. MISC. No.83237 of 2024(2) dt.12-12-2024 3/3 subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T