Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89376 of 2024 Arising Out of PS. Case No.-333 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Guddu Kumar Son of Mahabir Sahani Resident of Village- Dih Mahuahi, P.S.- Chiraiya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Chiraiya P.S. Case No. 333 of 2024 registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. .

3. The prosecution case, in short, is that total 160 liters of country made liquor was recovered from an open place.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. The recovery is made from an open

Patna High Court CR. MISC. No.89376 of 2024(2) dt.10-01-2025 2/2 place which is accessible to one and all. It is submitted that local chowkidar disclosed the name of the petitioner. The petitioner has no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chiraiya P.S. Case No. 333 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T