Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court held that anticipatory bail may be granted to the petitioner under Section 482(2) of the BNSS, subject to prescribed conditions.
Summary
Guddu Kumar applied for anticipatory bail in connection with a case of illicit liquor seizure under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not named in the FIR, was not the owner of the tempo from which liquor was recovered, and was not present at the scene, asserting his innocence. The State opposed the bail, arguing that the petitioner was an accused named in the FIR. The court examined the material, noting the petitioner’s clean antecedent and lack of presence at the occurrence, and exercised its inherent powers under Section 482(2) of the BNSS to grant anticipatory bail with conditions. The bail was ordered on the condition of furnishing a bond and sureties, and the application was allowed.
Issues considered
- Whether the petitioner is liable under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged illicit liquor seizure
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR and was not present at the scene
- Whether the court may exercise its inherent powers under Section 482(2) of the BNSS to grant anticipatory bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2) BNSS
- criminal procedure
- FIR
- ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8841 of 2026
Arising Out of PS. Case No.-342 Year-2024 Thana- HASPURA District- Aurangabad
======================================================
Guddu Kumar S/O Sanjay Yadav R/O Village- Milky, P.S.- Makhdumpur,
District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Haspura P.S. Case No. 342 of 2024 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 24.510 litre illicit liquor
was recovered from Tempo in question and co-accused Umakant
Prasad and Lawkush Kumar were apprehended on the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case. He
further submits that petitioner is not named in FIR. During the
course of investigation, the name of the petitioner has been
Patna High Court CR. MISC. No.8841 of 2026(3) dt.18-02-2026
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transpired in this case. He further submits that on the alleged
date of occurrence, petitioner was not the owner of the tempo in
question rather apprehended co-accused Lawkush Kumar is the
owner of the said vehicle which is quite evident from the
Annexure 2 of the instant petition. Hence, petitioner cannot be
held liable for the alleged recovery. Petitioner was not found at
the place of occurrence. In the light of the aforesaid facts and
circumstances of the case, no case is made out against the
petitioner under the provisions of Bihar Prohibition and Excise
Act. Petitioner bears no criminal antecedent.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
petitioner is FIR named accused person and hence, he cannot
escape from the allegation made in FIR.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
keeping in view clean antecedent of petitioner, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.8841 of 2026(3) dt.18-02-2026
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10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge,
Excise-II, Aurangabad in connection with Haspura P.S. Case
No. 342 of 2024, subject to the conditions as laid down under
Section 482 (2)of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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