Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners Nitish Kumar, Guddu Kumar and Rajendra Mahto were arrested in Paroo, Muzaffarpur for alleged possession of 900 litres of liquor and a loaded pistol with live cartridges, charged under Sections 25(1‑B)(a), 26, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act. They contended that the seized items were recovered from an open area, that no incriminating material was found in their conscious possession, they have no prior criminal record and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was not complied with. The State opposed bail. The High Court, after considering the facts, the length of custody since 30‑08‑2025 and the lack of direct evidence, decided to grant bail subject to a bond of Rs.15,000 each, two sureties, a family member as bailor and mandatory appearance at trial, with cancellation on default.
Issues considered
- Whether bail should be granted to the accused under the Arms Act and Bihar Prohibition and Excise Act despite the seriousness of the offences.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- Bihar Prohibition and Excise Act
- illegal liquor
- illegal arms
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- custody
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73633 of 2025
Arising Out of PS. Case No.-459 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
Nitish Kumar S/O Congress Rai R/O Village- Sarmastpur, PS- Paroo, Dist.-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 73732 of 2025
Arising Out of PS. Case No.-459 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
1. Guddu Kumar S/O Shatrudhan Sah Village- Fatehbaad, P.S.- Paroo, Dist.-
Muzaffarpur
2. Rajendra Mahto S/O Parsad Mahto Village- Fatehbaad, P.S.- Paroo, Dist.-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 73633 of 2025)
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
(In CRIMINAL MISCELLANEOUS No. 73732 of 2025)
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 31-01-2026 Heard learned counsel for the petitioners, learned
APP for the State and perused the case diary.
2. The petitioners seek bail in connection with Paroo
P.S. Case No. 459 of 2025, instituted for the offences punishable
under Sections 25(1-B)(a), 26, 35 of the Arms Act and Section
Patna High Court CR. MISC. No.73633 of 2025(4) dt.31-01-2026
2/3
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 900
liters liquor was recovered from bush along with one loaded
country made pistol and 4 live cartridges has been recovered
from the petitioner in Cr. Misc. No. 73633 of 2025. It is alleged
that 4 live cartridges have been recovered from petitioner no. 1
and 3 live cartridges have been recovered from petitioner no. 2
in Cr. Misc. No. 73732 of 2025. It is further alleged that the
petitioners were arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioners. The petitioners have got no
concern with the alleged recovery of liquor. Learned counsel for
the petitioners also submitted that the alleged recovery has been
made from an open place and the same is easily accessible to the
public at large. It is further submitted that the petitioners have
got no concern with the alleged recovery of arms. The
petitioners are in custody since 30.08.2025 and have got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
Patna High Court CR. MISC. No.73633 of 2025(4) dt.31-01-2026
3/3
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Paroo P.S. Case No.
459 of 2025, subject to the following conditions;
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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