Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
Guddu Kumar, the petitioner, feared arrest in a case under Sections 30(a) and 52 of the Bihar Excise Act for allegedly recovering 5.94 litres of liquor from a motorcycle he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and that his friend, who fled the scene, misused the vehicle without his knowledge. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bail bond, two sureties, and a condition that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail will be cancelled; otherwise, it will be confirmed. The petitioner also agreed to deposit a further amount with the Advocates’ Association.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
- Whether the ownership of the vehicle, without actual possession of the liquor, creates a reasonable ground for arrest.
- Whether the petitioner’s clean antecedent and lack of knowledge of the alleged offence justify bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 52
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- possession
- vehicle ownership
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5220 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
Guddu Kumar S/o Shamlal Ram Resident of Village- Gahiri Gamhariya ward
no. 1, P.S.- Nautan, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjana Srivastava
For the Opposite Party/s : Mr.Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
52 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 5.940 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
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
Patna High Court CR. MISC. No.5220 of 2026(2) dt.02-02-2026
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his friend would misuse the vehicle in the manner as
alleged, who also fled from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Paharpur
P.S. Case No. 157 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
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
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
Patna High Court CR. MISC. No.5220 of 2026(2) dt.02-02-2026
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 1,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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