Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67628 of 2025 Arising Out of PS. Case No.-327 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== Guddu Kumar S/o Shiv Chaudhary Resident of Village - Shivpur, P.S - Nokha, District - Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Excise Case No. 825 of 2024 in Sasaram P.S. Case FIR No. 327 of 2024 for the offence registered under sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per the prosecution story, the Police intercepted a motorcycle bearing Registration No. BR24AM-6749 and recovered/seized 15 liter liquor. This led to the FIR.
4. Learned Counsel for the petitioner submits that he owns the motorcycle which was handed over to the co-accused, Munna Kumar who was apprehended. He has no role to play and has no criminal antecedent.
5. Learned APP for the State, on the other hand,
Patna High Court CR. MISC. No.67628 of 2025(2) dt.25-09-2025 2/3 opposes the prayer for anticipatory bail submitting that the person arrested, named him.
6. Considering the submissions of the parties as also that the petitioner has no criminal antecedent nor anything recovered from his conscious possession, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. However, if it is found that contrary to the statement made in paragraph 3, the petitioner has criminal antecedent, the present order shall become infructuous.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram in connection with Excise Case No. 825 of 2024 in Sasaram P.S. Case FIR No. 327 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.67628 of 2025(2) dt.25-09-2025 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T