Patna High Court
Guddu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered the petitioner to be released on regular bail upon furnishing bond and sureties.
Summary
Guddu Singh, the petitioner, applied for bail in a case under Section 30(a) of the Excise Act concerning the alleged recovery of 168 litres of liquor. The petitioner argued that he was not arrested at the scene, no liquor was found in his possession, and the case was based solely on a confessional statement made by another accused in police custody, which he claimed lacks evidentiary value. The State opposed the bail, seeking to keep the petitioner in custody. The court examined the submissions, noted the lack of direct recovery and the reliance on a confessional statement, and directed that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount. The bail application was therefore allowed.
Issues considered
- Whether the petitioner is entitled to bail despite the case being based on a confessional statement of another accused made in police custody.
- Whether a confessional statement recorded in police custody has evidentiary value sufficient to deny bail.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- confessional statement
- regular bail
- anticipatory bail
- police investigation
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87912 of 2025
Arising Out of PS. Case No.-356 Year-2023 Thana- CHHAURADANO District- East
Champaran
======================================================
Guddu Singh S/o Shivnath Singh R/o Village - Tinkoni, P.S - Darpa, District -
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of five cases and allegation is of
recovery of 168 litres of liquor from a sack.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on confessional statement of apprehended
accused in police custody, which does not have any evidentiary
value. It is next submitted that police in majority of cases
Patna High Court CR. MISC. No.87912 of 2025(2) dt.16-01-2026
2/2
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation. It is
also submitted that petitioner is in custody since 01.11.2025.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.10,000/- (Rupees Ten 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 Chhauradano (Mahuawa) P. S. Case No.356 of
2023.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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