Guddu Kumar Singh v. The State of Bihar

Patna HC25 Nov 2025CR. MISC./76890/2025

Case brief

AI extract

What is this about?

CR. MISC. No.76890 of 2025; Guddu Kumar Singh v. The State of Bihar; Patna High Court; anticipatory bail; provisional anticipatory bail; Bihar Prohibition and Excise (Amendment) Act, 2018 Section 30(a); Section 438(2) Cr.P.C.; Dhobaha P.S. Case No. 84 of 2025; Bhojpur; recovery of 51.84 litres of liquor; Mainpura Village; criminal antecedent verification; concealment of antecedents; Satyavrat Verma, J.; decided 25-11-2025.

What did the court decide?

Provisional anticipatory bail granted: petitioner to be released upon arrest or surrender before the learned trial court within six weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; confirmation contingent on trial-court verification of criminal antecedents. ¶¶19

Guddu Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶¶19

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Dhobaha P.S. Case No. 84 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. +1 more

¶¶13

Court's answer

In the event of his arrest or surrender before the learned trial court within a period of six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C.

¶¶19

Ratio / Principle

If verification by the learned trial court reveals that the petitioner has antecedent of more than two cases, it would be presumed that he concealed his antecedents before this Court, and the provisional anticipatory bail order shall not be confirmed.

¶¶20

Key takeaways

If verification shows that the petitioner has antecedent of only two cases, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶¶22

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Satyavrat Verma, J) grants provisional anticipatory bail to petitioner apprehending arrest in Dhobaha P.S. Case No. 84 of 2025, Bhojpur, for offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018; release upon arrest or surrender within six weeks on bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; trial court to verify criminal antecedents — provisional order not to be confirmed if more than two antecedent cases are found (presumed concealment), but to be confirmed forthwith if only two cases are found.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76890 of 2025

¶2

Arising Out of PS. Case No.-84 Year-2025 Thana- Dhobaha District- Bhojpur

¶3

======================================================

¶4

Guddu Kumar Singh Son of Krishna Singh @ Shri Krishna Singh Resident of Village - Piparpati, Police Station - Krishnagarh, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, A.P.P. ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶10

2 25-11-2025

¶11

Heard learned counsel for the petitioner and

¶12

learned A.P.P. for the State.

¶13

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

¶14

Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 51.84 litres of liquor in a plastic bag from Mainpura Village.

¶15

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 public at large. It is further submitted that petitioner came to be implicated based on the secret information

¶16

Patna High Court CR. MISC. No.76890 of 2025(2) dt.25-11-2025 2/3

¶17

which is the easiest way to implicate someone. It is next submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically without holding proper investigation.

¶18

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

¶19

Considering the submissions made by the learned counsel for the petitioner, let 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 Dhobaha P.S. Case No. 84 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶20

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 two cases, 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

¶21

Patna High Court CR. MISC. No.76890 of 2025(2) dt.25-11-2025 3/3

¶22

shall not be confirmed but if it is found on verification that petitioner has antecedent of only two cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

¶23

(Satyavrat Verma, J)

¶24

Kundan/-

¶25

U T

Guddu Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Guddu Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Suraj kumar Vs The State of Bihar

Krishna Kumar Yadav Vs The State of Bihar

Bhim Mandal Vs The State of Bihar

Uday Yadav Vs the State of Bihar

Rani Singh @ Rani Devi Vs The State of Bihar

Deepak Kumar Vs The State of Bihar