Patna High Court
Guddu Kumar Yadav @ Guddu YadavversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner subject to conditions.
Summary
Guddu Kumar Yadav was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 909 litres seized, under Sections 274/275, 3(5) of the Bihar Narcotic Substances (BN.S.) Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner contended that the liquor was recovered from the garden of co‑accused Shambhu Kumar, that his name was mentioned only on the co‑accused’s disclosure, and that he was not present at the site nor in conscious possession of the liquor, asserting a clean antecedent. The Additional Public Prosecutor opposed anticipatory bail. The Court, noting the lack of direct possession and the petitioner’s clean record, directed that he be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BN.S. Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence
- Whether the petitioner’s alleged involvement, based solely on co‑accused’s disclosure, suffices for arrest
- Whether the seizure of illicit liquor constitutes sufficient evidence of the petitioner’s conscious possession
Legislation cited
- Bihar Narcotic Substances (BN.S.) Act, 2023 — s. 274, 275, 3(5), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- conscious possession
- clean antecedent
- CrPC Section 438
- BN.S. Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19154 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- GHOGHARDIHA District- Madhubani
======================================================
Guddu Kumar Yadav @ Guddu Yadav S/O Raghunath Prasad Yadav @
Raghunath Yadav R/V- Gidaha, P.S- Ghoghardiha, District - Madhubani
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party : Mr. Nawin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Ghoghardiha P.S.
Case No.190 of 2025 registered under Sections 274/275,
3(5) of B.N.S. (in short ‘B.N.S.’, 2023) and 30(a) of Bihar
Prohibition and Excise Amendment Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 909 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
Patna High Court CR. MISC. No.19154 of 2026(2) dt.06-07-2026
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made from the garden behind the house of co-accused,
namely, Shambhu Kumar. It is also submitted that the name
of petitioner arrayed solely on the disclosure made by the
said co-accused. It is also argued by petitioner that neither
the petitioner was present at the spot nor is he in any way
connected with the said illicit liquor and it can be safely said
that recovery of illicit liquor was not made from conscious
possession of this petitioner. It is also submitted that the
seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel.
Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
Patna High Court CR. MISC. No.19154 of 2026(2) dt.06-07-2026
3/3
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Special Judge, Excise Act, Jhanjharpur, Madhubani in
connection with Ghoghardiha P.S. Case No.190 of 2025,
subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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