Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1109 of 2025 Arising Out of PS. Case No.-338 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Guddu Kumar, S/o Ramanand Yadav @ Ramanandan Yadav @ Lala Yadav, R/o Vill- Kena Sarai (Khutka Sarai), P.S. - Mufassil, Dist.-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-02-2025 Heard Mr. Deepak Kumar, learned counsel appearing on behalf of the petitioner and Mr. Tarkeshwar Nath Thakur, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Mufassil P.S Case No. 338 of 2024 registered for the offence punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, total 60 liters of illicit liquor was recovered from the bank of a river.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Petitioner has no concern with the alleged seized liquor. Petitioner is not involved either in manufacturing or in trade of illicit liquor, which is prohibited in

Patna High Court CR. MISC. No.1109 of 2025(2) dt.15-02-2025 2/2 the State of Bihar. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

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

6. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-1, Nawada, in connection with Mufassil P.S Case No. 338 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Ashishsingh/- U T