Guddu Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86859 of 2019 Arising Out of PS. Case No.-578 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== 1.

GUDDU KUMAR SAHNI Son of Late Jase Sahani Resident of Village - Mehad Bal Abal Kaitely, P.S.- Mehad Bal, District - Khajilabad Sant Kabir Nagar (U.P.).

2.

Mukesh Kumar Goit Son of Late Surendra Narayan Goit Resident of Village - Goit tole ward no. 14, P.S.- Jaynagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2020 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in Jaynagar PS Case No. 578 of 2019 registered under Sections 272, 273, 34 of the IPC and Section 30(a) of Bihar Prohibition and Excise Act, 2016. 81 litres of illicit liquor is said to have been recovered from the petitioners' possession. The petitioners upon such allegations are in custody since 8.12.2019.

Counsel for the petitioner submits that the petitioners have no criminal antecedent and that they have falsely been implicated in this case. It is submitted that there is no compliance of the procedure Section 100 Cr.P.C. Considering the rival submissions, the prayer for bail of the petitioners is allowed.

Let the petitioners above named be released on bail on

Patna High Court CR. MISC. No.86859 of 2019(2) dt.18-01-2020 2/2 his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge -cum- Special Judge, Excise Act, Madhubani in Jaynagar PS Case No. 578 of 2019 on the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioners will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T