Patna High Court

Guddu KumarversusThe State of Bihar

Decided: 9 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

Guddu Kumar was implicated in an excise case for the alleged recovery of 54 litres of liquor from a motorcycle he owned. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that a friend misused his vehicle. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 and two sureties, subject to verification of his criminal antecedent. The court stipulated that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed upon verification.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the applicable provisions given the circumstances of alleged possession and his antecedent.

Subjects

anticipatory bail
excise offence
possession
clean antecedent
bail bond
Section 30
Section 47
Bihar Excise Act
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23727 of 2026
                       Arising Out of PS. Case No.-681 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Guddu Kumar S/O Baban Yadav Resident of Village - Jiyay Near Kali Sthan,
                 P.S. - Siwan Town, District - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bijay Prakash Singh
                 For the Opposite Party/s :        Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   47 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 54 litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.23727 of 2026(2) dt.09-04-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his friend would misuse the vehicle in the manner as

          alleged, who also fled from the spot.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with         Siwan Excise P.S. Case No. 681 of 2025

          subject to the conditions as laid down under Section 482(2) of

          the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.23727 of 2026(2) dt.09-04-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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