Guddu Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13570 of 2023 Arising Out of PS. Case No.-675 Year-2022 Thana- BEUR District- Patna ====================================================== 1.

Guddu Goswami Son Of Mulchandra Goswami @ Phul Chandra Goswami R/O Hasanpura Mushahri, P.S.- Beur, District- Patna 2.

Kedar Manjhi Son Of Late Sakhichandra Manjhi R/O Hasanpura Mushahri, P.S.- Beur, District- Patna 3.

Kameshwar Manjhi Son Of Late Raudi Manjhi R/O Hasanpura Mushahri, P.S.- Beur, District- Patna 4.

Binod Manjhi Son Of Baleshwar Manjhi R/O Hasanpura Mushahri, P.S.- Beur, District- Patna 5.

Rekha Devi Wife Of Dharmendra Manjhi R/O Hasanpura Mushahri, P.S.- Beur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act. The prosecution case relates to recovery of total

Patna High Court CR. MISC. No.13570 of 2023(2) dt.25-04-2023 2/3 100 liters country made mahua liquor, which was recovered from Sonvarsha Payin south-east from Hasanpura Mushari. After that this case has been lodged.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Petitioners are just passerby and they have no concern with the alleged recovery and no any incriminating article has been recovered from their conscious possession. It is further submitted that the seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C.. The petitioners are languishing in judicial custody since 26.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Beur P.S. Case No. 675 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.13570 of 2023(2) dt.25-04-2023 3/3 amount each to the satisfaction of learned Special Judge Excise, Patna.

(Sunil Kumar Panwar, J) Manish/- U T