Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86059 of 2023 Arising Out of PS. Case No.-126 Year-2019 Thana- MANER District- Patna ====================================================== Guddu Kumar Son Of Vrijnandan Singh @ Bitthal Ray R/o vill - Sadiqpur/ Sadikpur, P.S. - Maner, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Maner P.S. Case No. 126 of 2019, a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per F.I.R., the allegation against the petitioner and one co-accused Barak Ray is of engaged in selling the illicit liquor.

4. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 30 litres

Patna High Court CR. MISC. No.86059 of 2023(2) dt.18-01-2024 2/3 and 70 litres have been recovered from place of occurrence. Petitioner has got no criminal antecedent. Petitioner has no concern with the seized liquor.

5. Petitioner is agreed to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No. 3332964762, Central Bank of India, Chitkohra Branch, IFSC Code : CBIN0282779 (fifth character is zero), MICR Code : 800016018.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Maner P.S. Case No. 126 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

7. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.86059 of 2023(2) dt.18-01-2024 3/3 the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Ranjeet/- U T