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Patna High Court

Guddu Yadav @ Guddu RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.

Summary

Guddu Yadav sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 306 litres of liquor from the Bagmati River. He argued that he was not caught in possession, the alleged liquor was recovered from a public river, and that a hostile watchman (chawkidar) had falsely implicated him, noting his prior thirteen excise cases. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on a bond of Rs.65,000 with two sureties, subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., and ordered the trial court to verify his criminal antecedent, with the bail to be confirmed only if the antecedent does not exceed thirteen cases.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior criminal antecedent of thirteen cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Cr.P.C. Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8813 of 2026
                        Arising Out of PS. Case No.-328 Year-2025 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Guddu Yadav @ Guddu Rai S/o Mahendra Yadav @ Mahendra Rai R/O vill-
                 Masaha Alam, Ward No 03, P.S. - Bairgania, Dist- Sitamarhi
                                                                             ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Subodh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Umanath Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   15-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of thirteen cases under the Excise Act

                   and allegation is of recovery of 306 litres of liquor from the

                   bank of Bagmati River.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large. It is further submitted that
Patna High Court CR. MISC. No.8813 of 2026(3) dt.15-04-2026
                                            2/3




          petitioner came to be implicated at the instance of the

          Chawkidar with whom he is on an inimical term. It is next

          submitted that if the Chawkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the institution of the instant FIR which casts

          an aspersion on the case of the prosecution. It is also submitted

          that once an accused is implicated in a case relating to excise the

          police start implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

          It is lastly submitted that petitioner in similar manner earlier

          also came to be implicated in cases relating to excise.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds of Rs.65,000/-

          (Rupees Sixty-five 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 Suppi
           Patna High Court CR. MISC. No.8813 of 2026(3) dt.15-04-2026
                                                       3/3




                     P.S. Case No. 328 of 2025, subject to the conditions as laid

                     down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than

                     thirteen cases, it would be presumed that petitioner had

                     concealed his antecedent before this Court at para 3 of the

                     anticipatory bail application in that event the provisional

                     anticipatory bail order shall not be confirmed but if it is found

                     on verification that petitioner has antecedent of only thirteen

                     cases in that event the provisional anticipatory bail order shall

                     be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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