Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of antecedents, with confirmation contingent on the findings.
Summary
Guddu Kumar and Siddu Kumar, brothers from Rupganj village, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging they were involved in the recovery of 60 litres of liquor near a water tank. The petitioners argued they were not caught in the act, no liquor was found in their possession, and the case was based solely on secret information. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed verification of their criminal antecedents. It stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the reliance on secret information without seizure justifies denial of bail.
- Whether the petitioners' criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- secret information
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18826 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
1. Guddu Kumar S/o Channa Mahto Resident of Village - Rupganj, Adda No.
02, P.S. - Town, District - Saran
2. Siddu Kumar @ Sidhu Kumar @ Sudu Kumar S/o Channa Mahto Resident
of Village - Rupganj, Adda No. 02, P.S. - Town, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest 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 60 liters of liquor from a place near
a water tank.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.18826 of 2026(2) dt.25-03-2026
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recovery is from a place which does not belong to the
petitioners and they came to be implicated based on secret
information which is the easiest way to implicate someone. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five 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
Town P.S. Case No. 31 of 2026 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that any of the petitioners has antecedent of
Patna High Court CR. MISC. No.18826 of 2026(2) dt.25-03-2026
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more than one case then it would be presumed that petitioners, for
the purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed, but after verification if it is
found that petitioners have antecedent of one case only, in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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