Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10687 of 2025 Arising Out of PS. Case No.-129 Year-2024 Thana- Gurupa District- Gaya ====================================================== Guddu Yadav S/o Ajay Yadav @ Sanjay Yadav R/o-Village-Alkhdiha, P.S.- Gurpa, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Gurpa P.S. Case No. 129 of 2024 dated 13.12.2024, instituted for the offence punishable under Sections 51 and 52 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 250 litres country made liquor from forest area along with two motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that nothing been recovered either from conscious possession of the petitioner or from his house rather the said illicit liquor has been recovered from forest area. Only

Patna High Court CR. MISC. No.10687 of 2025(2) dt.28-03-2025 2/2 on the basis of suspicion and disclosure made by the local Chowkidhar, the petitioner has been made accused in this case. It is submitted that similarly situated person, namely, Lallu Yadav has been granted anticipatory bail vide Criminal Miscellaneous No. 11612 of 2025 by a co-ordinate Bench of this Court. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Gurpa P.S. Case No. 129 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 04, Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T