Gugu Sagar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72338 of 2024 Arising Out of PS. Case No.-2004 Year-2024 Thana- Excise P.S. District- Patna ====================================================== 1.

Gugu Sagar Son of Devendra Prasad R/O Bhutnath, ward no. 55, P.S.- Agamkuwa, District-Patna 2.

Raju Kumar Son of Kedar Prasad R/O Kumhrar Gumti ,P.S.- Agamkuwa, Dist.- Patna 3.

Amit Kumar @ Aryan Kumar Son of Umesh Kumar @ Naresh Kumar Chaudhary R/o Daud Bigha, P.S.- Agamkuwa, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar For the Opposite Party/s :

Mr. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act..

3. Allegation against the petitioners along with other co-accused persons is that 298 liters of illicit foreign made liquor was recovered from pick up van and the petitioners along with others were managed to escape from the place of occurrence. It is further case of the prosecution that the petitioner could not give satisfactory answer being the member

Patna High Court CR. MISC. No.72338 of 2024(2) dt.07-10-2024 2/2 of the mob, so they were apprehended. It is also clear from the FIR itself that no seizure list has been made from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that the petitioner is languishing in judicial custody since 26.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Excise (Patna) P.S. Case No. 2004 of 2024 on furnishing their bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-III, Patna. (Ashok Kumar Pandey, J) Sudhanshu/- U T