Guddu Kumar @ Guddu Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56984 of 2025 Arising Out of PS. Case No.-401 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== 1.

Guddu Kumar @ Guddu Kumar Ray S/O Shobha Ray Resident of Asinchak, P.S.- Dalsingsarai, District - Samastipur.

2.

Suman Kumar S/O Ram Krishan Chaudhary R/O Asinchak, P.SDalsingsarai, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in connection with Siwan Excise P.S. Case No.401 of 2025 registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per prosecution, the police intercepted Mahindra XUV 300 in which two persons were sitting, who claimed to be the driver and helper. Both persons are alleged to have tried to flee away but on chase they were apprehended. On search, 207.360 litres Indian made foreign liquor was recovered from the seized vehicle.

Patna High Court CR. MISC. No.56984 of 2025(2) dt.21-08-2025 2/2

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Nothing has been recovered from conscious possession of the petitioners. Petitioners had no knowledge about keeping of illicit liquor in the seized vehicle. Petitioners have nothing to do with the seized vehicle or the alleged liquor. The place of occurrence was highway but there is no independent witness of the seizure list. Petitioners have no criminal antecedent. Petitioners are in jail since 16.06.2025 and they undertake to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioners 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 Court No. II, Siwan or the Successor Court/concerned court in connection with Siwan Excise P.S. Case No.401 of 2025.

(Sunil Dutta Mishra, J) Harish/- U T