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Patna High Court

Guddu Singh @ Guddu ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to pre‑arrest bail.

Summary

Guddu Singh applied for pre‑arrest bail in a case (Dinara P.S. Case No. 41/2026) under Section 30(a) of the Bihar Prohibition and Excise Act after 35.28 litres of illicit liquor were recovered from an open field (khalihan). The petitioner claimed innocence, arguing that the liquor was found in a publicly accessible area and he had no connection to it. The State opposed the bail, but the court noted the recovery’s location and the State’s failure to implement its liquor policy, finding a prima facie case for bail. Consequently, the court ordered the petitioner’s release on pre‑arrest bail, subject to a bond of Rs 10,000 with two sureties and compliance with Section 482(2) of the CrPC. The district court was directed to verify the petitioner’s criminal antecedents, and the bail order would lapse if further involvement in other cases is discovered.

Issues considered

  • Whether pre‑arrest bail can be granted in a prosecution under Section 30(a) of the Bihar Prohibition and Excise Act where illicit liquor was recovered from an open, publicly accessible area.
  • Whether the State’s alleged failure to implement its liquor policy influences the grant of bail.
  • What conditions under Section 482(2) of the Criminal Procedure Code must be imposed for pre‑arrest bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Criminal Procedure Code
  • Section 482
  • illicit liquor
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18982 of 2026
                        Arising Out of PS. Case No.-41 Year-2026 Thana- DINARA District- Rohtas
                 ======================================================
                 Guddu Singh @ Guddu Chaudhary Son of Mudrika Singh @ Sanjay
                 Chaudhary @ Dwarika Chaudhary Resident of Village - Naua, P.S.- Dinara,
                 District - Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashi Kant, Advocate
                 For the Opposite Party/s :       Mr.Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                     Heard Mr. Shashi Kant, learned counsel appearing

                   on behalf of the petitioner and Mr. Md. Nazir Ansari, learned

                   APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Dinara P.S. Case No. 41/2026 registered for the offence(s)

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                 3. As per the allegation made in the FIR, 35.28 litres

                   of illicit liquor was recovered from the Khalihan of the

                   petitioner.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely

                   been implicated in the present case. Learned counsel further
Patna High Court CR. MISC. No.18982 of 2026(2) dt.08-04-2026
                                            2/3




          submitted that recovery of illicit liquor has been made from the

          Khalihan, which is an open space and is easily accessible by

          anyone. Petitioner has no concern either with the place of

          recovery or with the alleged recovered liquor.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that recovery of illicit liquor has

          been made from an open space, which is easily accessible by

          anyone and also the fact that the State has failed to implement

          its liquor policy in its true spirit, I am of the opinion that

          petitioner has, prima facie, made out a case to be released on

          pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned          Concerned Court where the case is

          pending      in connection with Dinara P.S. Case No. 41/2026,

          subject to the conditions as laid down under Section 482(2) of
           Patna High Court CR. MISC. No.18982 of 2026(2) dt.08-04-2026
                                                       3/3




                     the BNSS.

                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.


                                               (Purnendu Singh, J)

Sanjay/-

U      T


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