Patna High Court – Orders
Guddu Chaurasia @ Guddu Kumar Chaudhary … vs The State Of Bihar on 6 March, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2277 of 2025
Arising Out of PS. Case No.-62 Year-2024 Thana- GHATHO District- Samastipur
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Guddu Chaurasia @ Guddu Kumar Chaudhary @ Guddoo Kumar Chaurasiya
S/O Hare Krishna Chaurasiya @ Chabila Chaurasia R/O village - Sultanpur
Ghatho, Police Station- Ghatho, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Mahendra Pratap
For the Opposite Party/s : Mr.Mohammad Sufyan
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 06-03-2025
1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of
Ghatho Police Station Case No. 62 of 2024, dated
01.10.2024, disclosing offence under Section 30 (a) of the
Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report,
is that the police, on secret information that the petitioner
and others were unloading illicit liquor from a vehicle,
proceeded towards the place of occurrence and on seeing
the police, the persons present there succeeded in fleeing
away taking advantage of the darkness, but were
identified by the chowkidar as the petitioner and others.
Patna High Court CR. MISC. No.2277 of 2025(2) dt.06-03-2025
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On search, the police recovered 247.5 litres of illicit
liquor from the bush kept in the cartons and sack.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and have falsely been implicated in
this case on the disclosure of his names by the chowkidar.
He further submits that the petitioner has got no concern
with the illicit liquor recovered inasmuch as the illicit
liquor has been recovered from the bush, which is an
open space and is accessible to all and sundry. He further
submits that the petitioner has got no criminal antecedent
of similar nature of offence.
5. Regards being had to the submission advanced on behalf
of the parties concerned and taking into consideration the
fact that the petitioner has got no criminal antecedent of
similar nature, his name transpired in this case on the
basis of disclosure made by the chowkidar and the illicit
liquor has been recovered from the bush, which is an
open space, I am inclined to grant the petitioner privilege
of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
Patna High Court CR. MISC. No.2277 of 2025(2) dt.06-03-2025
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released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Excise
Court No. I, Samastipur, in connection with Ghatho
Police Station Case No. 62 of 2024, subject to the
condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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