Patna High Court
Md. GudduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for regular bail, subject to specified conditions.
Summary
The petitioners, Md. Guddu and Md. Rahbar, were arrested in connection with the recovery of 325.560 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. They applied for regular bail, claiming innocence and offering to donate Rs. 25,000 each to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the circumstances, granted regular bail on the condition that each petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit the promised charitable sum, and attend the police station on specified days, invoking Section 482(2) of the B.N.S.S. for the conditions. The court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail can be granted to accused persons under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the conditions imposed, including a charitable donation and periodic police attendance, are appropriate for bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 482(2)
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41426 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- Telta District- Katihar
======================================================
1. Md. Guddu S/o Md. Shahid @ Shahid Resident of Village - Ward No.- 6,
Murajpur, P.S.- Dagrua, District- Purnea
2. Md. Rahbar S/o Md. Hasib Resident of Village - Belgachhi, P.S.- Dagrua,
District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Bhagat, Adv.
For the Opposite Party/s : Mr. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek regular bail in connection with
Telta P.S. Case No. 15 of 2026, registered for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2022.
3. As per the prosecution case, there is recovery of
325.560 litres of illicit liquor.
4. Learned counsel for the petitioners submit that the
petitioners are quite innocent and have committed no offence.
The petitioners are in custody since 03.03.2026. The petitioners
undertake to donate a sum of Rs. 25,000/- (Rupees Twenty-Five
Patna High Court CR. MISC. No.41426 of 2026(2) dt.25-06-2026
2/3
Thousand Only) to a charitable organization, without prejudice
to his defence and without admitting guilt.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, the petitioners are directed to be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of the learned Court concerned
where the case is pending/successor court in connection with
Telta P.S. Case No. 15 of 2026, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S. with further
conditions that:-
(i) The petitioners shall
deposit a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only) each
with Ramakrishna Math, Bhatta
Bazar, Purnea, Bihar 854301 and
shall produce a valid receipt thereof
before the court below. The bail bonds
shall be accepted only after
verification of the genuineness of the
said receipt.
(ii) The petitioners shall
mark their attendance at Dagrua
Police Station on first and third
Sunday of each month. In the event of
Patna High Court CR. MISC. No.41426 of 2026(2) dt.25-06-2026
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default, the bail bonds shall be liable
to be cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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