Guddu Singh @ Guddu Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 692 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.37563 of 2020
   Arising Out of PS Case No.-26 Year-2020 Thana- RAGHUNATHPUR District- Siwan
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Guddu Singh @ Guddu Kumar Singh, Male aged about 31 Years, Son of Gautam Singh, Resident of Village Harnathpur PS Raghunathpur District Siwan.

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

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s   :        Mr. Ajay Kumar Tiwary, Advocate
For the State          :        Ms. Sangita Verma, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-02-2021

Heard Mr. Ajay Kumar Tiwary, learned counsel for the

petitioner and Ms. Sangita Verma, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Raghunathpur PS Case No. 26 of 2020 dated 11.02.2020,

instituted under Sections 30(a) and 38 of the Bihar Prohibition and

Excise Act, 2016.

3. The allegation against the petitioner and three others

is that on secret information that they were keeping liquor, when

the police went to the site, 475.200 litres of foreign liquor was

recovered from the canal and 3-4 persons ran away.

Patna High Court CR. MISC. No.37563 of 2020 dt.05-02-2021

4. Learned counsel for the petitioner submitted that only

on suspicion he has been named, but not caught, and there is no

witness that the petitioner was one of the persons who had run

away. It was submitted that though petitioner has one other

criminal case against him, but under Sections 341, 323, 504/34 of

the Indian Penal Code and the Court may impose strict conditions.

It was submitted that the petitioner is in custody since 08.09.2020.

5. Learned APP submitted that the police had informant

that it was the petitioner and three others who had kept liquor and

when the police reached, they had run away.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned 2nd Additional

Sessions Judge-cum-Special Judge, Excise, Siwan in

Raghunathpur PS Case No. 26 of 2020 subject to the conditions

(i) that one of the bailors shall be a close relative of the petitioner,

(ii) that the petitioner and the bailors shall execute bond with

regard to good behaviour of the petitioner, and (iii) that the

petitioner shall also give an undertaking to the Court that he shall

not indulge in any illegal/criminal activity, act in violation of any Patna High Court CR. MISC. No.37563 of 2020 dt.05-02-2021

law/statutory provisions, tamper with the evidence or influence

the witnesses. Any violation of the terms and conditions of the

bonds or the undertaking shall lead to cancellation of his bail

bonds. The petitioner shall cooperate in the case and be present

before the Court on each and every date. Failure to cooperate or

being absent on two consecutive dates, without sufficient cause,

shall also lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T