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Patna High CourtCR. MISC./65922/2024bail granted

Guddu Kumar Bhartai @ Guddu Kumar Bharti v. The State Of Bihar

2024-09-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65922 of 2024 Arising Out of PS. Case No.-496 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== 1.

Guddu Kumar Bhartai @ Guddu Kumar Bharti Son of Balishtar Bharti @ Bailistar Bharti Resident of Village- Jogapur Kothi Sareya, P.S.- Jamo Bazar, District Siwan 2.

Guddu Kumar Mahato @ Guddu Kumar Son of Mohan Mahato Resident of Village, P.O. and P.S.- Baikhunthpur, District Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Riya Giri For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, registered in connection with Excise P.S. Case No. 496 of 2024.

3. As per prosecution case, there has been recovery of total 164.800 liters of foreign liquor from a Car and the petitioners were apprehended on spot.

4. The learned counsel for the petitioners has submitted that petitioners have been falsely implicated in this case and have committed no offence. Petitioners have no

Patna High Court CR. MISC. No.65922 of 2024(2) dt.24-09-2024 2/2 concern with the alleged recovery of liquor. On the basis of suspicion, he has been made accused in this case. No incriminating article has been recovered from the conscious possession of the petitioners. Petitioners are clean antecedent and they are in custody since 17.08.2024.

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

6. Considering the above facts and circumstances of the case as well as petitioners having clean antecedents, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. II, Siwan in connection with Excise P.S. Case No. 496 of 2024, subject to the condition that the petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the Court. (Nawneet Kumar Pandey, J) Arish/- U T