Guddu Sahani @ Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2030 of 2025 Arising Out of PS. Case No.-157 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== Guddu Sahani @ Guddu Kumar S/o Dainuk Sahani R/o Village- Hirapakar, P.S.- Jadopur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey For the Opposite Party/s :
Mr. Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Jadopur Police Station Case No. 157 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, on October 2, 2024, at 10:00 PM, informant received information that Guddu Sahani (the petitioner) has brought a large quantity of liquor by boat from Uttar Pradesh along the Gandak River, hiding it in bushes near Brahm Sthan in Patahar village. Upon this information, informant and other police personnel reached the place of occurrence. Upon seeing the police party, a person fled away. Upon search, police recovered 90 liters of country-made liquor
Patna High Court CR. MISC. No.2030 of 2025(2) dt.24-02-2025 2/3 from the bushes near Brahm Sthan in Patahar village.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case by the local police on the instance of his enemies. Petitioner was neither present on the spot nor anything incriminating has been recovered from his conscious possession. The liquor has been recovered from open space accessible to all and not from the premises belonging to the petitioner. Petitioner has been made accused merely on the basis of secret information.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner has been made accused on the basis of secret information and the illicit liquor has been recovered from the bank of the river which is a open place accessible to everyone, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Additional District and Sessions Judge-XIIIth cum Exclusive Special Judge, Excise
Patna High Court CR. MISC. No.2030 of 2025(2) dt.24-02-2025 3/3 Court No. 1, Gopalganj, in connection with Jadopur Police Station Case No. 157 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T