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Patna High Court

Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court held that bail should be granted to the petitioner.

Summary

Guddu Kumar was arrested in connection with a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act after 160 litres of illicit country-made liquor were seized from a CNG tempo. The petitioner contended that he was falsely implicated, not the owner of the tempo, had no involvement with the liquor, and possessed a clean antecedent, having been in custody since 23-04-2026. The State opposed bail, arguing the seriousness of the offences. The Court examined the petitioner’s lack of ownership, clean record, and the duration of custody, and found no compelling reason to deny bail. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The order was expressly limited to bail considerations and not an assessment of the merits of the underlying criminal case.

Issues considered

  • Whether the petitioner is entitled to bail in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s lack of ownership of the tempo and clean antecedent justify granting bail.

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35339 of 2026
                        Arising Out of PS. Case No.-94 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Guddu Kumar Son of Ashok Mahto, Resident of Village- Hariharpur Ward
                 No. 4, P.S.- Derni, District- Saran at Chhapra.
                                                                         ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Yashraj Bardhan, Advocate
                 For the Opposite Party/s :         Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   21-05-2026                     The matter was heard via video conferencing mode.

                                   2. Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   3. The petitioner seeks bail in connection with Sadar

                   Excise P.S. Case No. 94 of 2026, registered for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar Prohibition

                   and Excise Act.

                                   4. As per the prosecution case, total 160 litres of

                   illicit country made liquor was recovered from the a CNG tempo.

                                   5. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case merely on the basis of suspicion. Petitioner is not the

                   owner of the tempo in question and he has no concern either with

                   the allegedly recovered liquor or with the tempo in question.

                   Learned counsel lastly submits that petitioner has clean antecedent
          Patna High Court CR. MISC. No.35339 of 2026(2) dt.21-05-2026
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                    and he is in custody since 23.04.2026.

                                    6. Learned Additional Public Prosecutor for the State

                    has vehemently opposed the prayer for bail of the petitioner.

                                    7. Considering the aforesaid facts and circumstances

                    of the case and also considering the fact that petitioner is not the

                    owner of the tempo in question and further considering his clean

                    antecedent and his period of custody, this Court is inclined to grant

                    bail to the petitioner.

                                    8. Accordingly, let the petitioner, above-named, be

                    released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees

                    Ten Thousand Only) with two sureties of the like amount each to

                    the satisfaction of the learned Exclusive Special Excise Court No.

                    3, Saran at Chapra, in connection with Sadar Excise P.S. Case No.

                    94 of 2026.

                                    9. 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 observation 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)

Shahnawaz/-
U     T


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