Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The High Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the CrPC.
Summary
The petitioners, Guddu Kumar and Sanjay Rai, applied for anticipatory bail fearing arrest in a case (Kesariya P.S. No. 549 of 2025) involving alleged offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The police, acting on secret information, recovered 110 litres of country‑made liquor near the house of the second petitioner, and villagers identified the petitioners as having fled the scene. The petitioners contended that they were not in possession of the liquor, the recovery site was a public area, and they had no involvement, arguing that their prior criminal antecedents should not lead to false implication. The State opposed the bail, asserting that the petitioners were named in the FIR and should face trial. After considering the facts, the court ordered that, if arrested or surrendered within six weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 each with two sureties, subject to the conditions of Section 482(2) of the CrPC. The application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite being named in the FIR.
- Whether the circumstances of the liquor recovery justify denial of bail.
- Whether the petitioners’ prior criminal antecedents warrant denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- Section 274
- Section 275
- Section 30(a)
- CrPC Section 482
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9450 of 2026
Arising Out of PS. Case No.-549 Year-2025 Thana- KESARIA District- East Champaran
======================================================
1. Guddu Kumar S/o Nawab Rai R/o Village - Kadhan, Ward No. 09, P.S -
Kesariya, District - East Champaran
2. Sanjay Rai S/o Ramagya Rai R/o Village - Kadhan, Ward No. 09, P.S -
Kesariya, District - East Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Kesariya P.S. Case No. 549 of 2025 registered
for the offences punishable under Sections 274, 275 of BNS and
Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. As per prosecution case, on the basis of secret
information, police reached near the house of Sanjay Rai/
petitioner no. 2 and seeing the police team, two persons
managed to escape. Local chowkidar and villagers disclosed the
name of petitioners, who fled away from the spot. It is alleged
that 110 litre country made liquor was recovered from two sacks
Patna High Court CR. MISC. No.9450 of 2026(2) dt.20-02-2026
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near the bank of river situated behind the house of Sanjay Rai/
petitioner no. 2.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence as
alleged in the FIR. He further submits that nothing has been
recovered from conscious possession of the petitioners.
Petitioners were not found at the place of occurrence. Petitioners
have no concern with the seized liquor. He further submits that
place of recovery is an open place and same is accessible to all
and hence, petitioners cannot be held responsible for the alleged
recovery. He further submits that petitioners bear criminal
antecedent of two cases each in which they have been granted
bail, as orally submitted by the learned counsel for the
petitioners. He further submits that just because of criminal
antecedent of the petitioners, they have been falsely implicated
in this case on the basis of suspicion. In the light of the aforesaid
facts and circumstances of the case, no case is made out against
the petitioners under the provisions of Bihar Prohibition and
Excise Act.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners and submits that
petitioners are named in the FIR and hence, they cannot escape
Patna High Court CR. MISC. No.9450 of 2026(2) dt.20-02-2026
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from the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, petitioners were not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioners
above-named, in the event of their 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.
10,000/- (rupees ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court No. 3, East Champaran at Motihari in connection
with Kesariya P.S. Case No. 549 of 2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
U T
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