Created by Fuzzy Cloud

Patna High Court

Guddu Kumar @ Saurabh Kumar @ Guddu MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.