Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83539 of 2025 Arising Out of PS. Case No.-318 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== Guddu kumar Ravindra, aged 25 years, Yadav Resident of village -Mahudar, P.s.-kauwakol, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks anticipatory bail in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 33.500 liters of country made Mahua liquor has been recovered from a vehicle bearing Registration No. BR-27L-2767.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that nothing has been recovered from the conscious possession of the petitioner. He next submits that name of the petitioner has been transpired in this case for the

Patna High Court CR. MISC. No.83539 of 2025(2) dt.10-12-2025 2/3 only reason that petitioner is the registered owner of the said vehicle. He next submits that the said vehicle has been taken by another person on the pretext that he has to go to his house in emergency and the petitioner has no knowledge about the alleged recovered liquor. He next submits that the petitioner has neither been arrested nor seen on the spot. He next submits that there is no independent witness in this case and the both the witnesses are none other than police personnel. He next submits that petitioner has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the alleged mahua wine has been recovered from the vehicle bearing Registration No. BR-27L-2767 which has been registered by the name of the present petitioner.

6. On perusal of the First Information Report and Impugned Order dated 01.09.2025, it appears that the alleged illicit country made mahua liquor (33.500 litres) has been recovered from the vehicle bearing Registration No. BR-27L2767 and petitioner is the owner of the said vehicle. So, considering aforesaid facts and circumstances of the case and submissions made by learned counsels for both the parties, it

Patna High Court CR. MISC. No.83539 of 2025(2) dt.10-12-2025 3/3 appears that there is direct involvement of the petitioner in the alleged occurrence. So, I am not inclined to grant anticipatory bail to the present petitioner as it is also barred by Section 76(2) of the Bihar Prohibition and Excise Act.

7. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Harshita/- U T