Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
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
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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
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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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