Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45191 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- Gurupa District- Gaya ====================================================== Guddu Kumar S/o Shyamlal Yadav R/o Village- Dundu, P.S.- Gurpa, DistrictGaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Gurpa P.S. Case No. 62/2025 dated 16.04.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 660 litres of illicit country-made and 126 litres of illicit foreign liquor were recovered from the six motorcycles.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in this case in the confessional statement of the co-accused, Pankaj Kumar. The
Patna High Court CR. MISC. No.45191 of 2025(2) dt.08-08-2025 2/3 petitioner is neither the owner nor the driver of the said vehicles. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The other co-accused person has already been granted anticipatory bail by this court vide order dated 25.07.2025 passed in Cr. Misc. No. 41947/2025. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089. The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the
Patna High Court CR. MISC. No.45191 of 2025(2) dt.08-08-2025 3/3 petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Gurpa P.S. Case No. 62/2025, subject to conditions as laid down under section 482(2) of the B.N.S.S., with further condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. This application stands allowed.
(Chandra Prakash Singh, J) Shivam/- U T