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Patna High Court

Guddu Chaudhary @ Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail application is dismissed; the petitioner is not entitled to pre‑arrest bail.

Summary

Guddu Chaudhary, a 27‑year‑old resident of Basahi village, filed a petition for pre‑arrest bail in connection with PS Janta Bazar Case No.304 of 2025, which alleges an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner’s counsel, Mr. Raushan Raj, argued for release before arrest, while the State, represented by Mr. Sanjay Kumar, opposed the bail. The Court examined the seriousness of the allegations recorded in the FIR and noted the petitioner’s prior criminal antecedents involving similar offences under the same Act. Considering these factors, the Court was not inclined to grant pre‑arrest bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the allegations and his prior criminal record?

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • criminal antecedents
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8308 of 2026
                     Arising Out of PS. Case No.-304 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Guddu Chaudhary @ Guddu Kumar(male) aged about 27 years, Son of
                 Kameshwar Chaudhary @ Kameshwar Choudhari, Resident of Village-
                 Basahi, P.S.- Janta Bazar, District- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raushan Raj, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   17-02-2026                                Heard Mr. Raushan Raj, learned counsel

                   appearing on behalf of the petitioner and Mr. Sanjay Kumar,

                   learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Janta Bazar P.S. Case No. 304 of 2025 registered for the

                   offence punishable under Section 30 (a) of the Bihar Prohibition

                   and Excise Act as amended up-to-date.

                                3. Considering the nature of allegation made in the

                   FIR and the previous criminal antecedents of petitioner, who has

                   been made accused in several cases for similar offence allegedly

                   committed under Bihar Prohibition and Excise Act as amended

                   up-to-date, I am not inclined to enlarge the petitioner on pre-

                   arrest bail.
              Patna High Court CR. MISC. No.8308 of 2026(2) dt.17-02-2026
                                                          2/2




                                     4. Accordingly, the present bail application stands

                        dismissed.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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