Patna High Court
Guddu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted as the petitioner has no conscious possession of the seized liquor, no criminal antecedent, and the FIR does not make out an offence under the Act.
Summary
Guddu Devi applied for anticipatory bail after an FIR was lodged under section 30(a) of the Bihar Prohibition and Excise Act alleging that 8 litres of illicit liquor were seized from the rear of his house. The petitioner argued that the liquor was not in his conscious possession and that he has no prior criminal record. The State opposed, noting the proximity of the seizure to the petitioner’s residence. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, the court held that anticipatory bail can be granted despite the bar in section 76(2) if the FIR does not establish an offence. Consequently, the court granted anticipatory bail with a set of conditions, subject to revocation if a criminal antecedent is discovered.
Issues considered
- Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the FIR does not establish an offence?
- Was the seized liquor in the petitioner’s conscious possession?
- Does the petitioner have any criminal antecedent that would preclude bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- conscious possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29539 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- BHADAUR District- Patna
======================================================
Guddu Devi wife of Maruan Mahto Resident of Village -Dumariya P S
-Bhadaur District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Anjana, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Bhadaur P.S. Case No. 22 of 2026 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act lodged on 15.02.2026 by the informant, Akhileshwar
Kumar Singh.
3. As per the prosecution story, the Police on secret
information, reached near the house of the petitioner and from
the back side, 8 liters of country made liquor recovered/seized.
This led to the FIR.
4. Learned counsel for the petitioner submits that
nothing has been recovered from his conscious possession rather
from the back side of the house and he do not have any criminal
antecedent.
Patna High Court CR. MISC. No.29539 of 2026(2) dt.06-05-2026
2/4
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that the
recovery is from near his house.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he do not have any criminal antecedent and nothing has
been recovered from his conscious possession, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
Patna High Court CR. MISC. No.29539 of 2026(2) dt.06-05-2026
3/4
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Judge Excise, Barh
(Patna) in connection with Bhadaur P.S. Case No. 22 of 2026
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.29539 of 2026(2) dt.06-05-2026
4/4
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.