Patna High CourtCR. MISC./66284/2025bail granted

Guddu Kumar v. The State Of Bihar

2025-09-24Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66284 of 2025 Arising Out of PS. Case No.-557 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Guddu Kumar S/o Dileep Yadav R/o Village- Kaji Katar, P.S.- Akbarpur, Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Nidhi Anand, Advocate For the Opposite Party/s :

Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Excise P.S. Case No. 557 of 2025 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, the petitioner was apprehended while carrying 52 litres of country made chulai liquor on a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is not the

Patna High Court CR. MISC. No.66284 of 2025(2) dt.24-09-2025 2/3 owner of the seized motorcycle. There is complete violation of Section 103(4) of BNSS regarding search and seizure. The petitioner is having clean antecedent and he is in custody since 11.08.2025.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Excise Court-II, Nawada/concerned Court in connection with Excise P.S. Case No. 557 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three

Patna High Court CR. MISC. No.66284 of 2025(2) dt.24-09-2025 3/3 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T