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Guddu Kumar @ Raju Kumar v. The State of Bihar

Patna HC29 Sept 2022CR. MISC./8319/2022

Case brief

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What is this about?

Single judge of the Patna High Court granted anticipatory bail to the petitioner in a case for offences under Sections 30(a) and 36 of Bihar Excise Act, subject to surrender within six weeks and furnishing bond with sureties.

What did the court decide?

Petitioner to be released on anticipatory bail upon surrender within six weeks, furnishing bond of Rs. 10,000 with two sureties of similar amount.

Guddu Kumar @ Raju Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8319 of 2022

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Arising Out of PS. Case No.-143 Year-2021 Thana- GARDANIBAG District- Patna

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======================================================

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GUDDU KUMAR @ RAJU KUMAR SON OF RAUDI RAY R/O - SARISTABAD, P.S.- GARDNIBAG, DISTRICT- PATNA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shivganga Kumar Gupta, Advocate For the Opposite Party/s : Mr.Asha Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 29-09-2022

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 36 of the Bihar Excise Act.

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Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 375 ml bottle from possession of Sushil Kumar and 375 ml bottle from the possession of Devraj Kumar.

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Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that his name transpired in the confessional statement of Sushil Kumar which has no evidentiary value, further the

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Patna High Court CR. MISC. No.8319 of 2022(3) dt.29-09-2022 2/2

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petitioner is not named in the FIR.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gardanibagh P.S. Case No. 143 of 2021 (Special Case No. 2741 of 2021) subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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Rishi/-

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U T

Guddu Kumar @ Raju Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Guddu Kumar @ Raju Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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