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Patna High Court

Guddu @ Guddi @ Gaddi @ Guddu YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bail bond, sureties, and verification of criminal antecedents.

Summary

The petitioner, Guddu Yadav, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 for allegedly recovering 50 litres of liquor from a motorcycle. He argued that he was not in possession of the liquor, was not the owner of the vehicle, and was implicated solely on secret information without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016
  • Whether the petitioner’s alleged lack of possession and ownership precludes arrest
  • Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • bail conditions
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39535 of 2026
                    Arising Out of PS. Case No.-535 Year-2021 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Guddu @ Guddi @ Gaddi @ Guddu Yadav S/O Jawahar Yadav @ Jawahir
                 Yadav R/o - Moti Tola, Motitola, P.S - Ara Town, District - Bhojpur
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Diwakar
                 For the Opposite Party/s :      Mr. Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 50 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized vehicle and he came to be implicated

                   based on secret information which is the easiest way to

                   implicate someone without holding a proper investigation.

                                4. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.

                                5. Considering the submissions made by the learned
             Patna High Court CR. MISC. No.39535 of 2026(2) dt.22-06-2026
                                                         2/2




                       counsel for the petitioner, the petitioner above-named, in the

                       event of his arrest or surrender within a period of six weeks

                       from today, be released on provisional anticipatory bail on

                       furnishing bail bonds of Rs.5000/- (Rupees five thousand) with

                       two sureties of the like amount each to the satisfaction of the

                       learned trial court where the case is pending/successor court in

                       connection with Ara Nawada P.S. Case No.535/2021, subject to

                       the conditions as laid down under Section 482(2) of the

                       B.N.S.S.

                                    6. It is made clear that the learned trial court thereafter

                       shall verify the criminal antecedents of the petitioner and in the

                       event if it is found that petitioner has antecedent of more than

                       one case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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