Guddu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60797 of 2025 Arising Out of PS. Case No.-376 Year-2025 Thana- Excise P.S. District- Gopalganj ====================================================== Guddu Sahani Son of Achal Sahani @ Bhagwan Sahani, Resident of Vill -Chaita Kural P.S -Pakari Dayal, Dist -East Champaran (Motihari). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Excise P.S. Case No.376 of 2025 instituted under Sections 30(a) & 32 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 89.280 litre illicit liquor from the hidden compartment made in the Truck bearing Registration No. BR-55G-1546 and the petitioner who is driver of said truck was apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis suspicion. He further submits that petitioner is not the owner of the seized truck and he had no knowledge about the fact that illicit liquor was kept in the seized truck. Learned counsel submits that no incriminating article has

Patna High Court CR. MISC. No.60797 of 2025(2) dt.18-09-2025 2/2 been recovered from the conscious possession of petitioner. He further submits that petitioner has no concern with the alleged seized liquor. Learned counsel submits that there is no independent witness to the seizure list. He further submits that petitioner is in custody since 26.06.2025, having one criminal antecedent of similar nature, in which he is on bail. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes 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, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IVcum-Exclusive Special Excise, Court No.II, Gopalganj in connection with Excise P.S. Case No.376 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T