Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Guddu Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 50 litres of liquor recovered from a public place. He contended that he was falsely implicated, no liquor was found in his possession, and the recovery was from an open area accessible to the public. The State opposed bail, while the petitioner highlighted the lack of incriminating evidence and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering the circumstances, the court found the bail application meritorious. The court ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- Section 30(a)
- Section 103
- Patna High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4070 of 2026
Arising Out of PS. Case No.-894 Year-2025 Thana- MANER District- Patna
======================================================
Guddu Kumar S/O Brijandan Singh Resident of Sadikpur, P.S.- Maner, Dist.-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Special
Case No. 238 of 2025 arising out of Maner P.S. Case No. 894 of
2025 instituted for the offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 50 litres
of liquor has been recovered from plastic gallon.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner and, as a matter of fact, the recovery
has been made from an open place which is accessible to public
Patna High Court CR. MISC. No.4070 of 2026(2) dt.27-01-2026
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at large. The petitioner has got no concern with the alleged
recovery of liquor. The petitioner is in custody since 30.11.2025
and has two criminal antecedents. There is no compliance of
Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Special Case No.
238 of 2025 arising out of Maner P.S. Case No. 894 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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