Patna High Court
Guddu Singh @ Guddu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.