Guddu Chaurasia @ Guddu Kumar Chaudhary @ Guddoo Kumar Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2277 of 2025 Arising Out of PS. Case No.-62 Year-2024 Thana- GHATHO District- Samastipur ====================================================== Guddu Chaurasia @ Guddu Kumar Chaudhary @ Guddoo Kumar Chaurasiya S/O Hare Krishna Chaurasiya @ Chabila Chaurasia R/O village - Sultanpur Ghatho, Police Station- Ghatho, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-03-2025

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 Ghatho Police Station Case No. 62 of 2024, dated 01.10.2024, disclosing offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner and others were unloading illicit liquor from a vehicle, proceeded towards the place of occurrence and on seeing the police, the persons present there succeeded in fleeing away taking advantage of the darkness, but were identified by the chowkidar as the petitioner and others.

Patna High Court CR. MISC. No.2277 of 2025(2) dt.06-03-2025 2/3 On search, the police recovered 247.5 litres of illicit liquor from the bush kept in the cartons and sack.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and have falsely been implicated in this case on the disclosure of his names by the chowkidar. He further submits that the petitioner has got no concern with the illicit liquor recovered inasmuch as the illicit liquor has been recovered from the bush, which is an open space and is accessible to all and sundry. He further submits that the petitioner has got no criminal antecedent of similar nature of offence.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent of similar nature, his name transpired in this case on the basis of disclosure made by the chowkidar and the illicit liquor has been recovered from the bush, which is an open space, 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

Patna High Court CR. MISC. No.2277 of 2025(2) dt.06-03-2025 3/3 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 Exclusive Special Excise Court No. I, Samastipur, in connection with Ghatho Police Station Case No. 62 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √