Guddu Kumar Singh @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22420 of 2026 Arising Out of PS. Case No.-35 Year-2026 Thana- Excise Jhanjharpur District- Madhubani ====================================================== Guddu Kumar Singh @ Guddu Kumar Son of Basath Singh @ Bansat singh Resident of Village - Daiya Kharwar Ward No. 01, Police Station - Lakhnaur, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashad, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2026 Heard Mr. Ashad, learned counsel for the petitioner and Mr. Narsingh Tanti, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 14.02.2026 in connection with Excise Jhanjharpur P.S. Case No. 35 of 2026, F.I.R. dated 13.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act,.

3. Recovery is of 108 liters of Nepali country liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has

Patna High Court CR. MISC. No.22420 of 2026(2) dt.07-04-2026 2/3 been made from the tempo in question and petitioner is not the owner of the said tempo in question. He further submits that the petitioner has no concern at all from the recovery of the illicit liquor. It appears from the seizure list that there is noncompliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 14.02.2026.

5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that recovery has been made from the tempo in question and apart from that the petitioner carries two criminal antecedents other than the present one but fairly submits that he is on bail in one case and one case is pending for consideration before the competent court of law.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Jhanjharpur, Madhubani in connection with Excise Jhanjharpur P.S. Case No. 35 of 2026 subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.22420 of 2026(2) dt.07-04-2026 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T