Guddu Kumar @ Guddu Rajak v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN Mr.Nilendu Kumar Choudhary, Adv. Mr.Amitesh Kumar, APP ORAL ORDER 3 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

#2. The petitioner seeks regular bail in connection with Buxar (Town)/ BXR(T) P.S. Case No.205 of 2024 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2022.

#3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons including the petitioner and total recovery of 140.72 liter of country made liquor has been made which is subject matter of the present case.

#4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner was passer-by and police has arrested him and lodged case against him. Patna High Court CR. MISC. No.39644 of 2024(3) dt.10-07-2024

#5. Counsel further submits that the petitioner is in custody since 11.04.2024 having one criminal antecedent in which he is on bail.

#6. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean and the criminal antecedent is relating to excise matter.

#7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court-I, Buxar in connection with Buxar (Town)/ BXR(T) P.S. Case No.205 of 2024, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T