Guddu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7552 of 2025 Arising Out of PS. Case No.-445 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Guddu Prasad S/o- Yogendra Prasad @ Yogindra Prasad Resident of villageBelbanwa PS- Kuchaikote District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmveer, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kuchaikote PS Case No. 445 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and under Section 25(1-B)(a) 26/35 of the Arms Act. 3.

The prosecution case, in short, is that total 90 litres of country made liquor and one loaded country made Katta and one live cartridge was recovered from seven gunny bags. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.7552 of 2025(2) dt.15-02-2025 2/2 that seized gunny bags does not belong to the petitioner. The petitioner is in custody since 21.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kuchaikote PS Case No. 445 of 2024.

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