Guddu Kumar @ Brij Mohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7013 of 2025 Arising Out of PS. Case No.-1267 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Guddu Kumar @ Brij Mohan Kumar Son of Krishna Yadav Resident of Village- Mahthu, P.S.- Jamhore, District- Aurangabad, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Rupa Kumari, Advocate For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Excise P.S. Case No. 1267 of 2024 registered on 21.12.2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per prosecution, total recovery of 81 liters Indian Made Foreign Liquor from a Bamboo Orchard is the subject matter of the present case.
4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offence. In fact, the petitioner's name was provided by the local villagers due to personal disputes arising from village politics. The petitioner has a clean criminal antecedent. Moreover, the
Patna High Court CR. MISC. No.7013 of 2025(2) dt.19-02-2025 2/2 petitioner has no connection with either the alleged liquor or the Bamboo Orchard from where the alleged recovery is claimed to have been made.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-II, Aurangabad, in connection with Excise P.S. Case No. 1267 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T