Goodu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2936 of 2026 Arising Out of PS. Case No.-797 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Goodu Kumar S/O Late Raj Kumar R/O Vill.- Mirjapur,P.S-Marhowrah,Dist.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Ambuj, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Marhowrah PS Case No. 797 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition, Excise Act, Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 11 of Bengal Gambling Act.
3.
The prosecution case, in short, is that 10 liters country made liquor, 01 bundle of cards, 1 screen for writing lottery, 01 small bundle of paper were recovered from bamboo orchard.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.2936 of 2026(3) dt.10-03-2026 2/2 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 that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 04.12.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.
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, clean antecedent of the petitioner 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.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Marhowrah PS Case No. 797 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T