Patna High Court
Guddu Kumar @ Guddu YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
Guddu Kumar Yadav, a resident of Manikpur village, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 2.25 litres of liquor from a paddy field that does not belong to him. He feared arrest and filed a petition for anticipatory bail, arguing that the recovery was not from his possession, the alleged incident was reported by a village watchman only after the FIR was lodged, and he has only two prior cases. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The order also directed the trial court to verify the petitioner’s criminal antecedent, stating that if more than two prior cases are found, the bail would not be confirmed; if exactly two, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether the circumstances of the alleged recovery and the role of the chowkidar justify granting bail.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- bail conditions
- liquor recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91784 of 2025
Arising Out of PS. Case No.-89 Year-2025 Thana- Manikpur P.S District- Arwal
======================================================
Guddu Kumar @ Guddu Yadav Son of Vijay Yadav Resident of Village-
Manikpur, P.S.- Manikpur, District- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivendra Prasad
For the Opposite Party/s : Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases and allegation is of
recovery of 2.25 litres of liquor from a paddy field.
4. Learned counsel for the petitioner submits that the
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 and he came to be
implicated at the instance of Chowkidar but then it is submitted
Patna High Court CR. MISC. No.91784 of 2025(2) dt.13-01-2026
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that if the Chowkidar was aware about the involvement of the
petitioner in the occurrence, then why he did not inform the
police prior to institution of the instant FIR, which casts an
aspersion on the case of the prosecution.
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 for the petitioner, 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
Provisional anticipatory bail on furnishing bail bonds 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 Manikpur
P.S. Case No. 89 of 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.91784 of 2025(2) dt.13-01-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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