Md. Guddu Kuresi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18993 of 2025 Arising Out of PS. Case No.-42 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Md. Guddu Kuresi S/O Md. Mustaq Kuresi Resident of Mohalla- Sahsupan, P.O- Lalbagh, P.S- Laheriasarai, Distt.- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Shah Nawaz Ali, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-04-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
4. Allegation is of recovery of 6899.655 litres of liquor from a truck, pickup vehicle and a motorcycle as detailed in the FIR.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated being the owner of the seized motorcycle. It is next submitted that no prudent person
Patna High Court CR. MISC. No.18993 of 2025(2) dt.23-04-2025 2/3 would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is next submitted that petitioner had earlier sold the motorcycle to Bablu Thakur on 01.03.2022 much earlier to the occurrence dated 22.02.2023. It is also submitted that Bablu Thakur had put his signature over the sale letter on 01.03.2022. It is reiterated and submitted that petitioner is a person with clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five 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 Manigachhi P.S. Case No. 42 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if
Patna High Court CR. MISC. No.18993 of 2025(2) dt.23-04-2025 3/3 it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T