Patna High Court
Guddu Kumar @ Guddu PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the petitioner is entitled to bail as the recovery does not prima facie establish his possession of the illicit liquor.
Summary
Guddu Kumar was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 14.645 litres of liquor recovered from a motorcycle. The petitioner contended that the motorcycle was not his and that his name was implicated only through the statements of co‑accused Rohit Kumar, asserting he had no conscious possession of the liquor. The State opposed bail, arguing the recovery indicated involvement in the offence. The Court observed that the recovery did not prima facie establish the petitioner’s physical possession and noted his clean antecedent. Accordingly, the Court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond of Rs 10,000 and two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order effectively granted bail and disposed of the petition.
Issues considered
- Whether the recovery of illicit liquor from a motorcycle constitutes prima facie evidence of the petitioner's possession for the purpose of denying bail.
- Whether the provisions of Section 438(2) Cr.P.C. and Section 482(2) BNSS empower the court to grant bail in the present circumstances.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- possession
- Section 30
- Section 438
- Section 482
- Criminal Procedure Code
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45679 of 2026
Arising Out of PS. Case No.-151 Year-2026 Thana- RAXAUL District- East Champaran
======================================================
Guddu Kumar @ Guddu Prasad S/o Ramji Sah Resident of Village- Gandhi
Nagar (Naga Road), P.S.- Raxaul, Dist.- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhandev Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Raxual P.S. Case No.
151/2026 registered for the offences punishable under Section
30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 14.645 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made from
the motorcycle. It is further submitted that motorcycle in issue is
not connected in any manner with petitioner and the name of this
petitioner transpired in present case on the basis of disclosure as
made by co-accused Rohit Kumar. It is submitted that recovery
Patna High Court CR. MISC. No.45679 of 2026(2) dt.10-07-2026
2/2
was not made from the conscious physical possession of the
petitioner, who is a man of clean antecedent.
5. Learned APP, opposes the prayer for bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of illicit liquor prima-facie not
appears to be made from the physical possession of this
petitioner, accordingly the petitioner above named, in the event
of his arrest or surrender before the learned trial court within a
period of four weeks, is directed to be released on bail, furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No. 03, East Champaran,
Motihari/concerned trial court where the case is pending in
connection with Raxual P.S. Case No. 151/2026 subject to the
conditions as laid down under Section 438(2) of the Cr.P.C./
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.