← Library
Patna High CourtCR. MISC./4444/2025bail granted

Guddu Sah @ Guddu Kumar v. The State Of Bihar

2025-02-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4444 of 2025 Arising Out of PS. Case No.-19 Year-2024 Thana- MAHUAWA District- East Champaran ====================================================== Guddu Sah @ Guddu Kumar S/o- Lalbabu Sah @ Lalbabu Shah VillageBindwasni/Bindhwasani, P.S.- Mahuawa, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mahuawa PS Case No. 19 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 78 litres of Nepali liquor was recovered from E-Rickshaw. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that seized e-rickshaw does not belong to the petitioner. It is further submitted that apprehended co-accused disclosed the

Patna High Court CR. MISC. No.4444 of 2025(2) dt.04-02-2025 2/2 name of the petitioner. The petitioner is in custody since 10.11.2024 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahuawa PS Case No. 19 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T