Patna High Court

Guddu Rajbhar @ Guddu RaiversusThe State of Bihar

Decided: 22 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to verification of the petitioner's antecedent and compliance with the conditions imposed.

Summary

Guddu Rajbhar, a resident of Siwan, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 26 litres of liquor recovered from a public area near a temple. He applied for anticipatory bail, asserting a clean criminal record and arguing that the liquor was not in his conscious possession and the location was public. The State opposed the bail. The Court, considering the petitioner's clean antecedent and the circumstances, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of his criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
Whether the alleged recovery of liquor from a public place and lack of conscious possession justify anticipatory bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
clean antecedent
public place seizure
Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26481 of 2026
                    Arising Out of PS. Case No.-49 Year-2026 Thana- RAGHUNATHPUR District- Siwan
                 ======================================================
                 Guddu Rajbhar @ Guddu Rai Son of Lalbabu Rai Resident of Village- Sagara
                 Tola, Saraiya, P.S.- Raghunathpur, District- Siwan, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Priyanshu Kumar Singh
                 For the Opposite Party/s :      Mr. Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 26 liters of liquor from a plastic sack near Kali

                   temple.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.26481 of 2026(2) dt.22-04-2026
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          based on secret information which is the easiest way to

          implicate someone without holding a proper investigation, when

          admittedly petitioner is a person with clean antecedent.

                       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 before the learned Trial Court

          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

          Raghunathpur P.S. Case No. 49 of 2026 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
            Patna High Court CR. MISC. No.26481 of 2026(2) dt.22-04-2026
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                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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