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Patna High Court

Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to bail bond and surety conditions under Section 482(2) of the B.N.S.S. 2023.

Summary

Guddu Kumar and Bittu Kumar sought anticipatory bail fearing arrest in a case (Dighwara P.S. Case No. 404 of 2025) involving the alleged recovery of 10.5 litres of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The FIR stated the liquor was found near the boundary of the late Parshuram Pathak, an open area accessible to the public. The petitioners contended they had no possession of the liquor and that their names were mentioned only due to a local watchman's disclosure. The court examined the fact that the contraband was recovered from a public open space and found no direct link to the petitioners' possession. Consequently, the court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 each with two sureties, subject to Section 482(2) of the B.N.S.S. 2023.

Issues considered

  • Whether the petitioners are liable to arrest under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 given the liquor was recovered from a public open space.
  • Whether anticipatory bail should be granted in the absence of evidence of conscious possession or control by the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • illegal foreign liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Amendment Act
  • public open space
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18575 of 2026
                       Arising Out of PS. Case No.-404 Year-2025 Thana- DIGHWARA District- Saran
                 ======================================================
           1.     Guddu Kumar S/O Surendra Rai @ Suresh Rai R/O Vill.- Saidpur Baghi,
                  P.S.- Dighwara, Dist.- Saran.
           2.    Bittu Kumar @ Bitatu Kumar S/O Surendra Rai @ Suresh Rai R/O Vill.-
                 Saidpur Baghi, P.S.- Dighwara, Dist.- Saran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dewendra Narayan Singh
                 For the Opposite Party/s :       Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026        1. Heard the parties.

                       2. The petitioners apprehend their arrest in connection with

                   Dighwara P.S. Case No. 404 of 2025 dated 10.10.2025

                   registered under Sections 30 (a) of the Bihar Prohibition and

                   Excise Amendment Act, 2022.

                       3. As per the F.I.R. a total quantity of 10.500 liters of foreign

                   liquor, kept near the boundary of late Parshuram Pathak, has

                   been recovered.

                       4. Learned counsel for the petitioners submits that petitioners

                   are innocent and they have not committed any offence in the

                   manner alleged. He further submits that name of the petitioners

                   has surfaced in this case on the the disclosure made by the
             Patna High Court CR. MISC. No.18575 of 2026(2) dt.08-04-2026
                                                         2/2




                       local Chaukidar. The alleged recovery of foreign liquor has not

                       been made from the conscious possession and / or premises

                       belonging to the petitioners. Illicit foreign liquor has been

                       recovered from an open space accessible to all and sundry.

                           5. Regard being had to the submission made by the parties,

                       taking into consideration the fact that illicit foreign liquor has

                       been recovered from an open space easily accessible to

                       everyone, accordingly, I am inclined to grant anticipatory bail to

                       the petitioners.

                           6. Let the petitioners, above named, be released on

                       anticipatory bail in the event of arrest or surrender before the

                       court below within a period of four weeks from today on

                       furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each

                       with two sureties of the like amount each to the satisfaction of

                       Additional Sessions Judge cum Exclusive Special Court , Excise

                       Act – 1 , Saran at Chapra in connection with Dighwara P.S.

                       Case No. 404 of 2025 subject to the condition as laid down

                       under Section 482 (2) of the B.N.S.S. 2023.




                                                (Anil Kumar Sinha, J)
praful/-
U        T


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