Sudhir Kumar Garodia Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sudhir Kumar Garodia Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, upon arrest or surrender before the learned Court below within four weeks, to the satisfaction of the 4th Additional District & Sessions Judge-cum-Special Judge, Excise-II, Nalanda, in Rajgir P.S. Case No. 01 of 2025.

Issue for consideration

Whether the petitioner, apprehending arrest in Rajgir P.S. Case No. 01 of 2025 registered for offences under Sections 30(a) and 37 of the Bihar Prohibition & Excise Act, should be released on anticipatory bail.

Court's answer

Petitioner to be released on bail on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of four weeks.

Ratio / Principle

Release conditioned on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned 4th Additional District & Sessions Judge-cum-Special Judge, Excise-II, Nalanda, in connection with Rajgir P.S. Case No. 01 of 2025.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Sudhir Kumar Garodia v. The State of Bihar, Patna High Court, Criminal Miscellaneous No.17984 of 2025, decided 18-04-2025 by S. B. Pd. Singh, J. Petitioner apprehended arrest in Rajgir P.S. Case No. 01 of 2025 (Thana Rajgir, District Nalanda), registered for offences punishable under Sections 30(a) and 37 of the Bihar Prohibition & Excise Act, after recovery of 400 ml Indian made foreign liquor and 90 ml whisky from a vehicle registered in his name. Counsel submitted that nothing was recovered from the petitioner's conscious possession, he was not apprehended from the spot, he was only the owner of the car, and (per para 3 of the petition) he had no criminal antecedent. Considering these facts, the Court directed that the petitioner, if arrested or surrendering before the learned Court below within four weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned 4th Additional District & Sessions Judge-cum-Special Judge, Excise-II, Nalanda.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17984 of 2025

Arising Out of PS. Case No.-1 Year-2025 Thana- RAJGIR District- Nalanda

======================================================

Sudhir Kumar Garodia S/O Bishwanath Garodia Resident of Garodia Bhawan, Jhauganj Lane, Chowk Nagla, Patna, P.S.- Patna City Chowk, Dist.Patna City- 800006

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Rajni Kant Jha For the Opposite Party/s : Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 18-04-2025

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) and 37 of the Bihar Prohibition & Excise Act.

There is recovery of 400 ml Indian made foreign liquor and 90 ml whisky from a vehicle which was registered in the name of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner

Patna High Court CR. MISC. No.17984 of 2025(2) dt.18-04-2025 2/2

was not apprehended from the spot and he has no concern with the seized illicit liquor. The petitioner is only owner of the car and a statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, be released on bail on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 4^th Additional District & Sessions Judge-cumExclusive Special Judge, Excise-II, Nalanda in connection with Rajgir P.S. Case No. 01 of 2025.

(S. B. Pd. Singh, J)

Shageer/-

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