Guddu Yadav @ Guddu Kumar vs The State Of Bihar on 6 May, 2022

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Patna High Court - Orders

Guddu Yadav @ Guddu Kumar vs The State Of Bihar on 6 May, 2022

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22693 of 2022
                   Arising Out of PS. Case No.-102 Year-2022 Thana- MADANPUR District- Aurangabad
                 ======================================================
                 Guddu Yadav @ Guddu Kumar Son Of Mohan Yadav R/O Village- Harikirtan
                 Bigha, P.S.- Deo, District- Aurangabad (BIHAR)

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjit Kumar, Advocate
                 For the Opposite Party/s :      Mr.Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   06-05-2022

Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 1638 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 1638 liters wine is recovered from a tractor. The petitioner is not the owner of the tractor in Patna High Court CR. MISC. No.22693 of 2022(2) dt.06-05-2022 2/3 question. The name of the petitioner has come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court, 1st, Aurangabad in connection with Madanpur P.S. Case No. 102/2022, subject to the conditions as laid down Patna High Court CR. MISC. No.22693 of 2022(2) dt.06-05-2022 3/3 under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/-

U      T

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Patna High Court - Orders