Patna High Court
Guddu PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioners, finding that their clean antecedent and lack of ownership of the seized premises warranted release on bond.
Summary
The petitioners were arrested in connection with the recovery of 300 litres of illicit country-made liquor from an old, damaged house. They contended that they were not the owners of the premises, had no involvement with the seized liquor, and possessed clean antecedents. The Additional Public Prosecutor opposed bail, but the court considered the petitioners' lack of ownership and clean record. Relying on these facts, the court granted bail, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The order was made clear to be prima facie and not to affect the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioners under section 30(a) of the Bihar Prohibition and Excise Act given the recovery of illicit liquor and the petitioners' claim of innocence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- illicit liquor
- section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34039 of 2026
Arising Out of PS. Case No.-2211 Year-2026 Thana- Excise P.S. District- Patna
======================================================
1. Guddu Prasad Late Chhote Prasad R/o Village- Belwarganj, P.S- Alamganj,
Dist- Patna
2. Gopal Kumar @ Sukhu S/o Late Hiralal Gop @ Hira Gop R/o Village-
Belwarganj, P.S- Alamganj, Dist- Patna
3. Mantu Kumar S/o Late Rambabu Sah Vill- Belwarganj, P.S- Alamganj, Dist-
Patna
4. Abhishek Kumar S/o Sujeet Kumar Singh R/o Mittan Ghat, P.S.-
Khazekalan, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Rai, Advocate
For the Opposite Party/s : Mrs. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in Excise (Patna) P.S. Case
No. 2211 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act.
3. There is recovery of 300 litres of illicit country
made liquor from the old and damaged house.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely being implicated in the
present case. Petitioners have no concern with the seized article.
Patna High Court CR. MISC. No.34039 of 2026(2) dt.19-05-2026
2/2
Petitioners are not the owner of the concerned house. Petitioners
have clean antecedent and they are in custody since 07.04.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the case
and the clean antecedent of the petitioners, this Court is inclined
to grant bail to the petitioners.
7. Accordingly, let the petitioners above named be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned Special Judge, Excise III, Patna
/concerned court below in connection with Excise (Patna) P.S.
Case No. 2211 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-Nitesh
U T
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