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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10991 of 2026 Arising Out of PS. Case No.-581 Year-2025 Thana- MALSALAMI District- Patna ======================================================
1. Guddu Kumar @ Guddu Rai S/o Late Devendra Rai R/o Mohalla- Pirdamariya, PS- Malsalami, Dist- Patna
2. Pappu Ray S/o Late Nagdev Ray R/o Mohalla- Pirdamariya, PS- Malsalami, Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Kumar For the Opposite Party/s : Mr.Kanhiya Kishor ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 10-04-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3.
Learned counsel for the petitioners submits that petitioners have antecedent of one case under the Excise Act and allegation is of recovery of 105 litres of liquor from a place near Marine Drive, Patna.
4.
Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.10991 of 2026(2) dt.10-04-2026 2/2 recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated based on confessional statement of apprehended- accused in police custody which does not have any evidentiary value. It is also submitted that petitioners are in custody since 4- 1-2026.
5. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.
6. Considering the submission made by learned counsel for the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Malsalami P.S. Case No. 581 of 2025
Sumit/- (Satyavrat Verma, J) U T