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Patna High Court

Guddu Kumar @ Sanjit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner with specified monetary and attendance conditions.

Summary

The petitioner, Guddu Kumar, was arrested in connection with the seizure of 92.1 litres of illicit foreign liquor from his premises, alleged under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act. He had been in custody since 25 February 2026 and claimed innocence, no prior criminal record, and offered to donate Rs.25,000 to a charitable organization. The State opposed his regular bail application. The Court, after considering the facts and the petitioner's submissions, allowed the bail application. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with Ramakrishna Math, and appear at the police station on a Sunday each month, failing which bail may be cancelled.

Issues considered

  • Whether regular bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act.
  • Whether the petitioner’s lack of antecedents, claim of innocence, and willingness to make a charitable donation justify bail.

Subjects

  • bail
  • regular bail
  • Bihar Prohibition & Excise Act
  • illicit liquor
  • Section 30(a)
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20861 of 2026
                      Arising Out of PS. Case No.-62 Year-2026 Thana- SURYAPURA District- Rohtas
                 ======================================================
                 Guddu Kumar @ Sanjit Kumar S/o Dinesh Singh R/o Village- Ratanpatti,
                 P.S.- Suryapura, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashutosh Tripathy, Advocate
                 For the Opposite Party/s :       Mr.Ramesh Chandra, APP
                 ======================================================
                 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 petitioner seeks regular bail in connection with

                   Suryapura P.S. Case No. 62 of 2026 registered for the offence under

                   Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act.

                                3. The recovery is of 92.1 litres of illicit foreign liquor

                   from garage and house of petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is in custody since 25.02.2026 without any

                   fault.

                                5. Learned counsel for the petitioner also submits that the

                   petitioner is ready to donate Rs.25,000/- in some charitable

                   organization without accepting his guilt

                                  6. Learned APP appearing for the State opposes the
              Patna High Court CR. MISC. No.20861 of 2026(2) dt.01-04-2026
                                                          2/2




                        prayer of the petitioner for grant of bail.

                                     7. Considering the facts and circumstances of the case as

                        well as the submissions of learned counsel for the petitioner, this

                        application is allowed.

                                     8. Let the petitioner, above named, be released on bail

                        upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

                        Only) with two sureties of the like amount each to the satisfaction of

                        learned Exclusive Special Judge, Excise Court No. II, Rohtas at

                        Sasaram/ concerned Court below, in connection with Suryapura P.S.

                        Case No. 62 of 2026.

                                     9. This is also subject to the condition that the petitioner

                        shall deposit an amount of Rs.25,000/- in Ramakrishna Math, Village

                        Jharha (near Matua Pahar), P.O. Gurua, Gayaji and produce the

                        receipt of the same before the Court below. The bail bonds of the

                        petitioner shall be accepted after verifying the genuineness of the

                        receipt produced by the petitioner.

                                     10. As a condition of this order, the petitioner after being

                        released on bail, is directed to mark his attendance at Suryapura

                        Police Station, District- Rohtas on any one Sunday of every month.

                        Any default in appearance at the Police Station will result in

                        cancellation of bail bonds of the petitioner.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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