Patna High Court
Md. GudduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Guddu, was arrested in connection with a raid that recovered 18 litres of beer and 11.4 litres of Nepali liquor, alleged to violate Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the liquor was not in his conscious possession and that he was implicated solely because of four prior similar offences. The petitioner offered to deposit Rs.10,000 as bail and provided two sureties, while the State opposed the bail. The Court considered the facts, the petitioner’s antecedents, and the seriousness of the offence, and granted bail subject to strict conditions including personal surety, regular appearance before the court and police, and monitoring by the Superintendent of Police. The bail bond was to be accepted upon proof of deposit, and the order clarified that its observations would not affect the trial.
Issues considered
- Whether bail should be granted to the accused in a case of alleged possession of illicit liquor under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, considering his prior criminal antecedents.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- bail
- illicit liquor
- possession
- criminal antecedents
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73675 of 2025
Arising Out of PS. Case No.-182 Year-2025 Thana- LAUKAHI District- Madhubani
======================================================
Md. Guddu Son of Md. Jamaluddin @ Jamaluddin @ Jamaludin Miya
Resident of Village- Atri, Ward no. 9, PS- Laukahi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Adv.
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Laukahi P.S. Case No. 182 of 2025 dated
01.09.2025 giving rise to G.R. No. 544 of 2025 registered for
the offence(s) punishable under Section(s) 274 and 275 of the
B.N.S. and Section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution case, on receiving secret
information, the police conducted a raid in the house of the
petitioner and total 18 litres of beer and 11.4 litres of Nepali
country made liquor were recovered.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
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case merely because he carries four criminal antecedents of
similar nature against him. The name of the petitioner was
disclosed by local Chowkidar. It has further been submitted that
no recovery has been made from the conscious possession of the
petitioner. It has lastly been submitted that the petitioner has
four criminal antecedents and he is in custody since 02.09.2025.
5. The petitioner is willing and undertakes to deposit a
sum of Rs. 10,000/- in the account of Lawyers’ Association
Welfare Benevolent Fund, bearing Account No. 7801893276,
IFSC Code : IDIB000L501, Indian Bank, LNMI Branch, Bailey
Road, Patna.
6. The learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
7. Regard being had to the facts and circumstances of
the case and taking note of the fact that the period of judicial
custody of the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection Laukahi P.S. Case No.
182 of 2025 corresponding to G.R. No. 544/2025, subject to the
following terms and conditions :-
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(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
(vi) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of Police,
Madhubani within fifteen (15) days of his release with a copy of
this order and every two weeks thereafter for the next nine months.
The conduct of the petitioner will be kept under watch in this
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period by the concerned Superintendent of Police and if it is found
wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation of bail
of the petitioner for reasons of misuse of bail. After reporting to
the Superintendent of Police, a certificate will be filed by the
petitioner before the Court concerned.
8. The bail bond of the petitioner shall be accepted by
the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Lawyers’ Association Welfare
Benevolent Fund.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Gautam/-
U T
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