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Patna High Court

Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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