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Patna High Court

Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond, surety, verification of clean antecedent, charitable donation, and regular police station attendance.

Summary

The petitioner, Guddu Kumar, was arrested in connection with the recovery of 45 litres of illicit country-made liquor under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. He claimed innocence, no prior criminal record, and had been in custody since May 3, 2026. The petitioner offered to donate Rs.25,000 to a charitable organization without pleading guilty. The State opposed the bail application. The High Court, after considering the facts and submissions, granted regular bail on the condition of a Rs.10,000 bond with two sureties, verification of a clean antecedent, a Rs.25,000 donation to Ramakrishna Mission Ashrama, and mandatory attendance at the police station on specified days, with bail cancellation for non‑compliance.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 despite alleged involvement in illicit liquor possession
  • Whether the petitioner’s clean antecedent and charitable donation condition justify bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • criminal procedure
  • conditions of bail
  • section 30(a)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43761 of 2026
                   Arising Out of PS. Case No.-238 Year-2026 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Guddu Kumar Son of Khirodhan Sahani Resident of Village -Chiljhapti PS-
                 Sugauli District -East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Tripti Singh, Advocate
                 For the Opposite Party/s :       Mr.Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offence under section 30(a) of the Bihar Prohibition &

                   Excise Act, 2016.

                                3. The recovery is of total 90 litres of illicit country-

                   made liquor out of which 45 litres of liquor was recovered from

                   the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is in custody since 03.05.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.43761 of 2026(2) dt.06-07-2026
                                            2/3




          organization without accepting his guilt.

                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Court No. 1, Civil

          Court, East Champaran at Motihari/ concerned Court below, in

          connection with Sugauli P.S. Case No. 238 of 2026.

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.

                       10. This is also subject to the condition that the

          petitioner     shall    deposit      an    amount    of   Rs.25,000/-   in

          Ramakrishna Mission Ashrama, Bela, Muzaffarpur and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the
              Patna High Court CR. MISC. No.43761 of 2026(2) dt.06-07-2026
                                                          3/3




                        genuineness of the receipt produced by the petitioner.

                                      11. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Sugauli Police Station, District- East Champaran on first and

                        third Sunday of the month. Any default in appearance at the

                        Police Station will result in cancellation of bail bonds of the

                        petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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