Ganga Sagar @ Guddu @ Gudu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82456 of 2025 Arising Out of PS. Case No.-339 Year-2025 Thana- BIHIA District- Bhojpur ====================================================== Ganga Sagar @ Guddu @ Gudu S/o- Mahesh Yadav R/v- Itahi Tola, PSBihiya, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Kumar, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-12-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bihiyan P.S.Case No.339 of 2025, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The prosecution story in short is that total 169.86 ltrs. of illicit liquor was recovered from a vehicle bearing Registration No.BR29R 6983, parked in front of the house of the petitioner. Out of them 24 ltrs. from the vehicle and 145.86 ltr. from the house of the petitioner.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in the present case. Nothing has been recovered from

Patna High Court CR. MISC. No.82456 of 2025(2) dt.17-12-2025 2/3 the conscious possession of the petitioner. The place of the occurrence is the joint house of the petitioner.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions of the parties, as well as, considering the fact that 24 ltr. liquor has been recovered from a vehicle parked in front of the house of the petitioner and 169.86 ltr. from the house of the petitioner, the said house is the joint house, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Ist, Bhojpur at Ara in connection with Bihiyan P.S.Case No.339 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

Patna High Court CR. MISC. No.82456 of 2025(2) dt.17-12-2025 3/3

8. The Superintendent of Police, Bhojpur at Ara is directed to submit a report before the Director General of Police (Bihar), Additional Secretary, Prohibition, Excise & Registration Department, Bihar and the Chief Secretary, Government of Bihar as to why he is not able to control the trade of illicit liquor within his jurisdiction so that the proper measures can be taken to prohibit the trade of large scale of illicit liquor in the district of Bhojpur at Ara.

(Purnendu Singh, J) chn/- U T