Tapesh Kumar Tiwari @ Guddu Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25312 of 2025 Arising Out of PS. Case No.-65 Year-2019 Thana- MANJHI District- Saran ====================================================== Tapesh Kumar Tiwari @ Guddu Tiwari S/o- Lalan Tiwari Resident of VillageHarpur Kothi, P.S.- Janta Bazar, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Kanishk Kaustubh, Advocate For the State :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30, 30(g) and 38(i)(ii) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, total 4019.702 litres illicit foreign liquor was recovered from the seized truck.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is neither owner nor driver of the vehicles in question. No incriminating article has been recovered from conscious possession of this petitioner and has been made an accused in this case merely on suspicion. It is further submitted that charges have already been framed against this petitioner vide
Patna High Court CR. MISC. No.25312 of 2025(3) dt.29-08-2025 2/2 order dated 18.07.2025 and he is in custody since 07.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the nature of accusation, the fact that no incriminating article has been recovered from conscious possession of this petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-2, Saran in connection with Manjhi P.S. Case No. 65 of 2019. (Prabhat Kumar Singh, J) shashank/- U T