Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57270 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- NAYAGAON District- Saran ====================================================== 1.

Guddu Kumar S/o- Gopal Mahato, Resident of Village- Pahleja Ghat (Machhali Haat Ke Pas) P.S.- Pahleja Dist- Saran. 2.

Mangal Kumar @ Ritesh Kumar S/o- Shri Ram Mahato, Resident of Village- Pahleja Ghat (Machhali Haat Ke Pas) P.S.- Pahleja Dist- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Chetna, Advocate.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Nayagaon P.S. Case No.96 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 76.14 liter illicit foreign liquor from the tempo of the petitioners bearing Registration No. BR-01-PM-9319.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that the tempo from where the alleged liquor was seized does not belong to the petitioners. Learned counsel submits that petitioners were sitting as a passenger in

Patna High Court CR. MISC. No.57270 of 2025(2) dt.21-08-2025 2/2 the backside of the tempo who had no knowledge about the fact that illicit liquor was kept in the tempo. He further submits that driver of the said tempo fled away from the spot. Learned counsel submits that petitioners are in custody since 10.06.2025, having clean antecedent. He further submits that there is no chance of absconding the petitioners or tampering with the evidence and they undertake to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-2, Saran at Chapra in connection with Nayagaon P.S. Case No.96 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T