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Patna High Court

Guddu Kumar @ Guddu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                          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



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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