Patna High Court
Guddu KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail may be granted subject to specified conditions because the offence is non‑violent and the petitioner has a clean antecedent.
Summary
The petitioner, Guddu Kumar, was arrested for alleged possession of 50 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He has been in custody since 7 February 2026 and claims a clean antecedent. The petitioner’s counsel offered to donate Rs. 25,000 to a charitable organization as a condition for bail, without admitting guilt. The State opposed the bail application. The High Court, after considering the facts and the petitioner’s clean record, allowed the bail application subject to a cash deposit, sureties, monthly police station attendance, and verification of antecedents. The order expressly states that the observations are prima facie and do not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioner’s antecedents
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- regular bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19931 of 2026
Arising Out of PS. Case No.-52 Year-2026 Thana- Excise P.S. District- Arwal
======================================================
Guddu Kumar S/O Narayan Saw Resident Of Village-Babu Amauna,P.s.-
Daudnagar,District-Aurangabad
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Malti Kumari
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Arwal Excise P.S. Case No. 52 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 50 liters of illicit liquor
have been recovered from the vehicle which the petitioner was
driving. The petitioner is in custody since 07.02.2026 and
claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.19931 of 2026(2) dt.01-04-2026
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5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case and the submissions advanced on behalf of the parties,
the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Arwal Excise P.S.
Case No. 52 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Math, Village Jharha (near
Matua Pahar), P.O. Gurua, Dist. Gayaji, Bihar,
and shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Daudnagar Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
Patna High Court CR. MISC. No.19931 of 2026(2) dt.01-04-2026
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of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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