Allowed¶18

Guddu Kumar v. The State of Bihar

Patna HC21 Feb 2025CR. MISC./4886/2025

Case brief

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What is this about?

Patna High Court Criminal Miscellaneous No.4886 of 2025, decided 21-02-2025 by Rudra Prakash Mishra, J.: bail allowed to Guddu Kumar in Nawada Excise PS Case No. 884 of 2024 under Ss. 30(a) and 47, Bihar Prohibition and Excise Act; recovery of 480 litres of liquor from eight motorcycles incl. 40 litres from Hero Honda No. BR-27U-2985; custody since 17.12.2024; no criminal antecedent; plea of non-compliance of Section 103 B.N.S.S.; co-accused bailed in Cr. Misc. No. 5139 of 2025 (order dt. 14.02.2025); bail bonds Rs. 10,000 with two like sureties.

What did the court decide?

Release on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Nawada Excise PS Case No. 884 of 2024. ¶18

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4886 of 2025

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Arising Out of PS. Case No.-884 Year-2024 Thana- Excise P.S. District- Nawada

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

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Guddu Kumar Son of Late Sarju Yadav Resident of Village - Chautha, P.S. - Rajauli, District - Nawada

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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... ... Opposite Party/s

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ORAL ORDER

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2 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Nawada Excise PS Case No. 884 of 2024 instituted for the offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that total 480 litres of liquor was recovered from eight motorcycles in which 40 litres of liquor was recovered from the Hero Honda Motorcycle bearing Registration No. BR-27U-2985.

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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

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Patna High Court CR. MISC. No.4886 of 2025(2) dt.21-02-2025 2/3

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recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner. It is further submitted that the petitioner is a driver of School van and he was coming from his motorcycle but same moment raid was conducted by police and on mere suspicion police arrested him. The petitioner is in custody since 17.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 14.02.2025 passed in Cr. Misc. No. 5139 of 2025.

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

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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.

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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

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Patna High Court CR. MISC. No.4886 of 2025(2) dt.21-02-2025 3/3

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Court below/concerned Court in connection with Nawada

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Excise PS Case No. 884 of 2024.

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(Rudra Prakash Mishra, J)

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Raj Ranjan/- U T

Guddu Kumar v. The State of Bihar

Case brief

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Guddu Kumar v. The State of Bihar

Case brief

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