Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Guddu Kumar, was arrested in connection with an Excise case where 1500 litres of country-made liquor were recovered from a bicycle he was riding for home delivery. The petition sought bail, arguing that no incriminating article was found in his conscious possession and that he had been in custody since 21 March 2026. The State opposed the bail application. The court noted the absence of any incriminating material on the petitioner and the length of his detention, and consequently granted bail on a bond of Rs.10,000 with two sureties. The order was made clear to be prima facie and not to affect the merits of the trial. The petitioner was released pending further proceedings.
Issues considered
- Whether bail should be granted to the accused in an Excise case under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2018 when no incriminating article is found in his conscious possession.
- Whether the period of custody since 21 March 2026 warrants the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 56(b)
Subjects
- bail
- excise
- prohibition
- liquor
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 56(b)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34905 of 2026
Arising out of PS. Case No.-135 Year-2026 Thana- Excise P.S. District- Sheikhpura
======================================================
Guddu Kumar S/o Naresh Chaudhary Resident of Village- Narayanpur, P.S.-
Barbigha, Dist.- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinkar Kumar, Adv.
For the Opposite Party/s : Mrs. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Excise P.S. Case No. 135
of 2026 registered under Sections 30(a) and 56(b) of Bihar
Prohibition and Excise Act, 2018.
3. The allegation is that 1500 litres of country made
liquor was recovered from the bicycle and the petitioner was
riding the said bicycle for home delivery of liquor.
4. Learned counsel for the petitioner submits that
nothing incriminating article was recovered from the conscious
possession of the petitioner. He further submits that the
petitioner is in custody since 21.03.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.34905 of 2026(2) dt.20-05-2026
2/2
6. Considering that nothing incriminating article was
recovered from the conscious possession of the petitioner and
the petitioner is in custody since 21.03.2026, this Court is
inclined to grant bail to the petitioners.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special
Judge, Excise Act, Sheikhpura in connection with
Excise P.S. Case No. 135 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)
Vikash/-
U T
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