Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2344 of 2024 Arising Out of PS. Case No.-653 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Guddu Kumar S/O Late Kamta Sah R/O Vill-Mrjpur, Ps-Goerya Kothi, DistSiwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a)(c)(f), 33, 34(b), 41(i) of the Bihar Prohibition & Excise Act.

There is recovery of 1000 litres of spirit from a pick-up van driven by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.2344 of 2024(2) dt.29-01-2024 2/3 from the conscious possession of the petitioner. The petitioner is only the driver of the pick-up van and he had not knowledge about the spirit being carried in the aforesaid pick-up van. The petitioner has no concern either with the seized spirit. The petitioner is languishing in custody since 02.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the District Legal Services Authority, Motihari.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special

Patna High Court CR. MISC. No.2344 of 2024(2) dt.29-01-2024 3/3 Excise Court No. 1, East Champaran, Motihari in connection with Town P.S. Case No. 653 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T