Patna High Court
Guddu Kumar Yadav @ Guddu K. YadayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions.
Summary
Guddu Kumar Yadav applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 8.25 litres of liquor recovered from his motorcycle. He argued that he had a clean antecedent, was not in actual possession of the liquor, and was unaware that another person, Abhijeet Kumar, misused his vehicle. The State opposed the bail. The Patna High Court, considering the submissions, granted provisional anticipatory bail on a bail‑bond of Rs 500 with two sureties, subject to verification of the petitioner’s criminal antecedent and other conditions under Section 482(2) of the B.N.S.S. The order also required the petitioner to deposit Rs 1,500 with the Advocates’ Association. The court clarified that if any antecedent is found, the bail may be cancelled; otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the alleged offence
- Whether the petitioner’s clean antecedent and lack of actual possession justify the grant of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- vehicle ownership
- liquor seizure
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4137 of 2026
Arising Out of PS. Case No.-112 Year-2025 Thana- KHIRHAR District- Madhubani
======================================================
Guddu Kumar Yadav @ Guddu K. Yaday S/O Bachche Lal Yadav R/O Vill-
Pansalwa, Gangaus, P.S-Harlakhi, Distt- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 8.25 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 he
came to be implicated based on the fact that he is owner of the
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus,
would create evidence against himself and hence, would get
Patna High Court CR. MISC. No.4137 of 2026(2) dt.29-01-2026
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implicated. It is also submitted that petitioner was completely
unaware that Abhijeet Kumar would misuse the vehicle in the
manner as alleged, who was also apprehended from the spot.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge, Excise, Madhubani in connection with Khirhar P.S. Case
No.112 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.4137 of 2026(2) dt.29-01-2026
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in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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