GUDDU KUMAR @ GUDDU PASWAN v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD Mr.Dhirendra Singh, Advocate Mr.Anand Kishore Choudhary, APP ORAL ORDER 2 20-01-2023 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in connection with Ara Nawada P.S. Case No. 1190 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

141.48 litres Indian made foreign liquor has been recovered from near the Mandir. Learned counsel for the petitioner submits that upon statement of local persons, petitioner has been made an accused in this case. He is not concerned with the recovery. He has no antecedent and he is in custody since 23.07.2022. The recovery is denied and disputed and it is stated that the same is not in accordance with law. Patna High Court CR. MISC. No.63993 of 2022(2) dt.20-01-2023 Learned APP for the State has opposed the prayer for bail. Having regard to the manner of recovery, the submissions advanced by the parties, period of custody and the fact that investigation is complete, this Court is inclined to allow the petitioner’s prayer for bail. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/– (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur, Ara, in connection with Ara Nawada P. S. Case No. 1190 of 2021, subject to 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 petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. shashank/- U T (Madhuresh Prasad, J)