Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12519 of 2025 Arising Out of PS. Case No.-756 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Guddu Kumar S/O Shyamlal Yadav R/O Village- Dundu, P.S.- Gurpa, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Nawada Excise P.S. Case No. 756 of 2024 registered for the offences punishable under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 1000 liters of illicit liquor was recovered from five motorcycles. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been

Patna High Court CR. MISC. No.12519 of 2025(2) dt.21-02-2025 2/3 recovered from the possession of the petitioner. It is submitted that name of the petitioner has transpired on the basis of confessional statement of co-accused namely, Pramod Kumar. It is further submitted that motorcycles in question do not belong to the petitioner. The petitioner has one criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 07.01.2025 passed in Cr. Misc. No. 87630 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nawada Excise P.S. Case No. 756

Patna High Court CR. MISC. No.12519 of 2025(2) dt.21-02-2025 3/3 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T