Patna High Court
Guddu Kumar @ Guddu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioners, directing them to furnish a bond of Rs. 10,000 each with two sureties.
Summary
Guddu Kumar and Pappu Ray were charged under Section 30(a) of the Bihar Excise Act for allegedly recovering 105 litres of liquor near Marine Drive, Patna. The petitioners argued they were not arrested at the scene, no liquor was found in their possession, and the case relied solely on a confessional statement of another accused, which they claimed lacked evidentiary value. They had been in custody since 4 January 2026 and sought bail. The State opposed the bail application. The High Court, after considering the submissions, ordered that both petitioners be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties of the same amount, to be satisfied by the trial court handling the case. The order effectively granted bail and discharged the bail petition.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Excise Act where no possession was established and the prosecution relies on a confessional statement of another accused.
Subjects
- bail
- excise law
- Section 30
- confessional statement
- possession
- Bihar
Judgment
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
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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
(Satyavrat Verma, J)
Sumit/-
U T
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