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Patna High Court

Md. GudduversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.73675 of 2025(2) dt.08-01-2026
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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 :-
Patna High Court CR. MISC. No.73675 of 2025(2) dt.08-01-2026
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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
           Patna High Court CR. MISC. No.73675 of 2025(2) dt.08-01-2026
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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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