Guddu Kumar @ Saurabh Kumar @ Guddu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7263 of 2026 Arising Out of PS. Case No.-331 Year-2025 Thana- GOVINDPUR District- Nawada ====================================================== Guddu Kumar @ Saurabh Kumar @ Guddu Mahto S/o Late Chandrika Mahto Resident of Village- Pipra, P.S.- Gobindpur, District- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Ms. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2026

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 Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases out of which five cases are under the Excise Act and allegation is of recovery of 180 litres of liquor from a bush near Pipra Village Panchayat Bhawan.

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 petitioner came to be implicated at the instance of the

Patna High Court CR. MISC. No.7263 of 2026(2) dt.19-02-2026 2/3 Chawkidar but then it is 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, secret information or confessional statement without holding a proper investigation of the case. It is next submitted that petitioner earlier also came to be implicated in similar manner.

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, 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.30,000/- (Rupees Thirty 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 Govindpur P.S. Case No. 331 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./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 if it is found that petitioner has antecedent of more than six cases,

Patna High Court CR. MISC. No.7263 of 2026(2) dt.19-02-2026 3/3 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 six cases in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T