Patna High Court
Guddu Kumar @ Saurabh Kumar @ Guddu MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
Guddu Kumar, accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged recovery of 180 litres of liquor from a public bush, sought anticipatory bail fearing arrest. He has six prior criminal cases, five relating to excise offences, but the alleged liquor was not found in his possession and the site does not belong to him. The State opposed the bail. The High Court, after considering the petitioner's claim of lack of direct involvement and the procedural deficiencies in the investigation, granted provisional anticipatory bail on condition of a Rs.30,000 bond with two sureties, subject to verification of his criminal antecedent. If the verification shows more than six prior cases, the bail will not be confirmed; otherwise it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the petitioner’s prior criminal antecedent of six cases precludes the grant of anticipatory bail.
- Whether the absence of recovered liquor from the petitioner’s possession justifies anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- criminal antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- Cr.P.C. Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7263 of 2026
Arising Out of PS. Case No.-331 Year-2025 Thana- GOVINDPUR District- Nawada
======================================================
Guddu Kumar @ Saurabh Kumar @ Guddu Mahto S/o Late Chandrika Mahto
Resident of Village- Pipra, P.S.- Gobindpur, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Ms. Asha Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases out of which five cases are
under the Excise Act and allegation is of recovery of 180 litres
of liquor from a bush near Pipra Village Panchayat Bhawan.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large. It is further submitted that
petitioner came to be implicated at the instance of the
Patna High Court CR. MISC. No.7263 of 2026(2) dt.19-02-2026
2/3
Chawkidar but then it is submitted that once an accused is
implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, secret information or confessional
statement without holding a proper investigation of the case. It
is next submitted that petitioner earlier also came to be
implicated in similar manner.
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, let the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand)
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 Govindpur P.S. Case No. 331 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./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 if
it is found that petitioner has antecedent of more than six cases,
Patna High Court CR. MISC. No.7263 of 2026(2) dt.19-02-2026
3/3
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only six cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…