Patna High Court
Guddu Kumar Singh @ Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs. 10,000 and two sureties, subject to specified conditions.
Summary
Guddu Kumar Singh was arrested on 14 February 2026 in connection with an FIR dated 13 February 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, involving the seizure of 108 litres of Nepali country liquor from a tempo. The petitioner contended that he was falsely implicated, had no ownership or possession of the vehicle, and that the seizure violated procedural requirements under Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail, highlighting two prior criminal antecedents, one case on bail and another pending. The High Court, after considering the submissions, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and his criminal antecedents.
- Whether non‑compliance with Sections 103/105 of the BNSS, 2023, warrants denial of bail.
- Whether the prior criminal record of the petitioner precludes the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- illegal liquor
- criminal antecedent
- procedural compliance
- section 30(a)
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22420 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Guddu Kumar Singh @ Guddu Kumar Son of Basath Singh @ Bansat singh
Resident of Village - Daiya Kharwar Ward No. 01, Police Station - Lakhnaur,
District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashad, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Ashad, learned counsel for the petitioner
and Mr. Narsingh Tanti, learned Additional Public Prosecutor
for the State.
2. Petitioner seeks bail who is in custody since
14.02.2026 in connection with Excise Jhanjharpur P.S. Case No.
35 of 2026, F.I.R. dated 13.02.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act,.
3. Recovery is of 108 liters of Nepali country liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.22420 of 2026(2) dt.07-04-2026
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been made from the tempo in question and petitioner is not the
owner of the said tempo in question. He further submits that the
petitioner has no concern at all from the recovery of the illicit
liquor. It appears from the seizure list that there is non-
compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 14.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that recovery has been made from the tempo in question
and apart from that the petitioner carries two criminal
antecedents other than the present one but fairly submits that he
is on bail in one case and one case is pending for consideration
before the competent court of law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, Jhanjharpur, Madhubani in connection with
Excise Jhanjharpur P.S. Case No. 35 of 2026 subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.22420 of 2026(2) dt.07-04-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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