Patna High CourtCR. MISC./28266/2025bail granted

Guddu Kumar Rai @ Guddu Kumar @ Sumit Kumar @ Sumit @ Guddu Ku. Rai v. The State Of Bihar

2025-05-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28266 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- GAURICHAK District- Patna ====================================================== Guddu Kumar Rai @ Guddu Kumar @ Sumit Kumar @ Sumit @ Guddu Ku. Rai Son of Raju Rai @ Raju Singh RESIDENT OF VILLAGEBHAGWANPUR (DEWARSAUKHI), POLICE STATIONPANCHRUKHIYA, DISTRICT-PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gaurichak P.S. Case No. 171 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 60 litres of liquor has been recovered from the bank of river.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made

Patna High Court CR. MISC. No.28266 of 2025(2) dt.01-05-2025 2/2 from an open place. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 06.04.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gaurichak P.S. Case No. 171 of 2025 .

(Rudra Prakash Mishra, J) Alok Verma/- U T