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Patna High Court

Guddu ChauhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioner.

Summary

Guddu Chauhan applied for anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 72 litres of illicit country-made liquor seized from a motorcycle. The petitioner contended that he was neither the owner nor the driver of the vehicle and that no liquor was found in his personal possession, asserting his innocence. The State opposed the bail, emphasizing the large quantity of liquor recovered and the petitioner’s seven prior criminal convictions. The Court considered the seriousness of the offence, the volume of contraband, and the petitioner’s criminal record. Concluding that the circumstances warranted denial of bail, the Court rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case involving alleged possession of illicit liquor
  • Whether the petitioner’s lack of ownership or possession of the vehicle and prior criminal antecedents affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • prohibition law
  • illicit liquor
  • criminal antecedents
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39597 of 2026
                       Arising Out of PS. Case No.-194 Year-2024 Thana- BHORE District- Gopalganj
                 ======================================================
                 Guddu Chauhan S/o Shambhapati @ Sabhapati Chauhan Resident of Village-
                 Hussepur, P.S.0- Bhore, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Javed Aslam, Advocate
                 For the State            :        Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-06-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

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

                   Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 72 liters illicit country

                   made liquor was recovered from the seized motorcycle.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner is neither owner nor driver of

                   the vehicle in question and has been made an accused in this

                   case merely on suspicion. Nothing has been recovered from the

                   conscious possession of this petitioner.

                                5. On the other hand, learned A.P.P. for the State has
             Patna High Court CR. MISC. No.39597 of 2026(2) dt.23-06-2026
                                                         2/2




                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that huge quantity of liquor was

                       recovered from the seized vehicle. Petitioner has got seven

                       criminal antecedents.

                                    6. Considering the nature of accusation, recovery of

                       huge quantity of illicit liquor from the seized vehicle and fact

                       that petitioner has got seven criminal antecedents, the prayer for

                       grant of anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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