Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The High Court granted bail, directing that it be enlarged on bail if the petitioners are arrested or surrender within eight weeks, subject to specified conditions.
Summary
Guddu Kumar and Sankar Kumar were implicated in a case (Wazirganj PS Case No.58 of 2026) for alleged possession of 60 litres of illicit liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The liquor was recovered from an open public space and the petitioners claimed they were falsely implicated and had not previously applied for anticipatory or regular bail. The State opposed the bail application. The High Court, noting the recovery from an open space and the petitioners' lack of serious criminal antecedents, allowed the petition and directed that bail be enlarged if the petitioners are arrested or surrender within eight weeks, subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023. The order also stipulated cancellation of bail if undisclosed criminal antecedents or false statements were discovered.
Issues considered
- Whether bail should be granted to the petitioners accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 given the recovery of illicit liquor from an open space.
- Whether the petitioners' lack of prior criminal antecedents and the circumstances of the recovery justify the exercise of the High Court's inherent powers under Section 482(2) of the B.N.S.S., 2023 to enlarge bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482
- anticipatory bail
- criminal antecedents
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30072 of 2026
Arising Out of PS. Case No.-58 Year-2026 Thana- WAJIRGANJ District- Gaya
======================================================
1. Guddu Kumar, son of Umesh Prasad Yadav @ Umesh Yadav, Resident Of
Village -Yamunapur, P.S-. Wazirganj, District -Gaya Ji
2. Sankar Kumar @ Shankar Kumar, Son of Naresh Yadav, Resident of Village
-Yamunapur, P.S-. Wazirganj, District -Gaya Ji.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Sheo Nandan Prasad, Advocate
For the State : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Wazirganj PS. Case No.58 of 2026 dated-16.02.2026, registered
for the offences punishable under Sections 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. As per allegation, 60 liter of illicit liquor has been
recovered from an open space called ahar and as per the
hearsay, the Petitioner and other co-accused had fled away from
the place of occurrence.
4. Learned counsel for the petitioners submit that the
Patna High Court CR. MISC. No.30072 of 2026(2) dt.06-05-2026
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Petitioners are innocent and have falsely been implicated in this
case. He further submits that the recovery has been made from
an open space accessible to the public at large.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner no.1 has been made accused in one
other case, whereas the Petitioner no.2 has no criminal
antecedents.
7. learned APP for the State vehemently opposes the
prayer of the Petitioner for bail.
8. Considering the fact that the recovery has been
made from open space, this petition is allowed, directing the
petitioners above-named, to be enlarged on bail, in the event of
their arrest or surrender before the court below within a period
of eight weeks from the date of receipt / production of a copy of
this order, on their furnishing bail bonds in the sum of Rs.
10,000 /- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned concerned Court
below, in connection with Wazirganj PS. Case No.58 of 2026,
subject to the conditions as laid down under Section 482 (2) of
Patna High Court CR. MISC. No.30072 of 2026(2) dt.06-05-2026
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the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents other
than the disclosed one, learned court below shall cancel the bail
bonds of the petitioners after hearing them and getting satisfied
that the petitioners have concealed their criminal antecedents
despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
Chandan/-
U T
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