Patna High Court
Guddu Kumar Ray @ Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, Guddu Kumar Ray and Abhiraj Kumar, were arrested as driver and co‑driver of a truck from which 1,138.560 litres of foreign liquor was seized, leading to charges under Section 30(a) of the Bihar Prohibition & Excise Act. They contended that the liquor was not in their possession, they had no knowledge of the contraband, and they possessed no prior criminal record, having been in judicial custody since 26‑02‑2026. The State opposed their bail application, arguing the seriousness of the offence. After hearing both sides, the Court considered the lack of knowledge, clean antecedents, and procedural aspects of the seizure, and decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the 1st Exclusive Special Excise Court, Saran.
Issues considered
- Whether bail should be granted to the accused drivers under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the petitioners' lack of knowledge of the seized liquor and absence of criminal antecedent justify bail.
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition & Excise Act
- Section 30(a)
- seizure
- drivers
- lack of knowledge
- criminal antecedent
- Section 105 BNSS
- excise court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18731 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- BHELDI District- Saran
1. Guddu Kumar Ray @ Guddu Kumar Son of Laxman Ray Resident of
Village-Yadavepur, P.S.-Bheldi, District-Saran
2. Abhiraj Kumar Son of Ramji Ray Resident of village - Mahmmadpur Masti
Chak, PS- Dariyapur, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Bheldi P.S. Case No.79 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. The case of the prosecution, in short, is that
altogether 1138.560 liters of country made foreign liquor was
recovered from a truck.
4. Learned counsel appearing on behalf of the
petitioners has submitted that nothing has been recovered from
the possession of these petitioners. Learned counsel for the
petitioners has further submitted that the witnesses of the
seizure list are police personnel and police have not complied
Patna High Court CR. MISC. No.18731 of 2026(2) dt.24-03-2026
2/2
Section 105 of the BNSS while making seizure. The petitioners
are driver and co-driver of the said truck and they were unaware
of the alleged contraband and recovery thereof. Learned counsel
for the petitioners has further submitted that the petitioners are
having no criminal antecedent and they are in judicial custody
since 26.02.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court
of learned 1st Exclusive Special Excise Court, Saran at Chapra
in connection with Bheldi P.S. Case No.79 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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