Patna High Court
Guddu Ray @ Gudu RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner on condition of furnishing a bond and sureties.
Summary
The petitioner, Guddu Ray, was arrested in connection with the alleged recovery of 600 litres of liquor from the bank of the River Ganga, an offence under Section 30(a) of the Bihar Excise Act. He had seven prior cases under the Excise Act and had been in custody since 10 March 2026. The petitioner argued that he was not apprehended at the spot, that the liquor was recovered from a public place, and that the investigation was mechanically initiated without proper inquiry. The State opposed bail, citing the seriousness of the offence and the petitioner’s antecedent record. The Court, after considering the submissions, held that bail could be granted on condition of a Rs.5,000 bond with two sureties, directing release to the trial court. Consequently, the petitioner was ordered to be released on bail.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Excise Act despite prior excise cases and alleged recovery of liquor.
- Whether the circumstances of the alleged offence justify denial of bail.
Subjects
- bail
- excise offence
- Section 30(a)
- Bihar Excise Act
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28986 of 2026
Arising Out of PS. Case No.-760 Year-2025 Thana- SONEPUR District- Saran
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Guddu Ray @ Gudu Rai S/O Late Wakil Rai @ Late Bakil Ray R/O Village-
Rahimpur, P.S-Sonepur, Dist-Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh
For the Opposite Party/s : Mr. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail 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 has antecedent of seven cases under the Excise Act
and allegation is of recovery of 600 liters of liquor from bank of
river Ganga.
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. It is also submitted that once
Patna High Court CR. MISC. No.28986 of 2026(2) dt.04-05-2026
2/2
an accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation. It is also
submitted that petitioner is in custody since 10.03.2026.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) 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 Sonepur
P.S. Case No. 760 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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