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Patna High Court

Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as no conscious possession was established and the bar under Section 76(2) does not apply where no offence is made out.

Summary

Guddu Kumar sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 9.4 litres of illicit liquor from bushes and named him based on local information. He contended that the liquor was not in his conscious possession and that his prior criminal record should not alone justify his arrest. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, he argued that anticipatory bail is permissible despite the bar in Section 76(2) when no offence is established. The court, after considering the submissions and the precedent, found no evidence of conscious possession and granted anticipatory bail with stringent conditions. The order remains subject to revocation if it later emerges that the petitioner was indeed involved or has a criminal antecedent.

Issues considered

  • Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
  • Was the petitioner in conscious possession of the seized liquor?
  • Does the petitioner’s prior criminal antecedent preclude the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • conscious possession
  • criminal antecedent
  • Section 30(a)
  • Section 76(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35436 of 2026
                 Arising Out of PS. Case No.-561 Year-2025 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Guddu Kumar S/o Pramod Sharma @ Pramod Mahto Resident of village -
                 Bahuarwa, P.S - Majhauliya, District - West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sujeet Kumar, Advocate
                 For the Opposite Party/s :      Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   21-05-2026                  Heard the parties through virtual mode.

                                2. The petitioner is apprehending his arrest in

                   connection with Majhaulia P.S. Case No. 561 of 2025 for the

                   offence under section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                3. As per the prosecution story, the Police, on secret

                   information, raided the place and from the bushes, there is

                   recovery/seizure of 9.4 liters country made liquor and the locals

                   gave the name of the petitioner which led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   recovery/seizure is from the bushes and not from the conscious

                   possession and only due to his one criminal antecedent, got

                   implicated.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.35436 of 2026(2) dt.21-05-2026
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          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP vehemently opposes the prayer

          submitting that the petitioner has one criminal antecedent.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that nothing has been recovered from his conscious

          possession, in that background, this Court is inclined to extend

          him the privilege of anticipatory bail with conditions.

                       8. If, however, it is found that contrary to the

          statement made in paragraph-3, the petitioner has criminal

          antecedent, the present order shall become infructuous.

                       9. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the
Patna High Court CR. MISC. No.35436 of 2026(2) dt.21-05-2026
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          satisfaction of Court concerned in connection with Majhaulia

          P.S. Case No. 561 of 2025 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iv) the petitioner shall appear before the concerned

          police station every fortnight for six months to mark his

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (v) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;

                       (vi) the petitioner shall desist from committing any
          Patna High Court CR. MISC. No.35436 of 2026(2) dt.21-05-2026
                                                      4/4




                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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