Guddu Kumar v. The State of Bihar
Anticipatory bail – Bihar Prohibition and Excise Act, s.30(a)
Case brief
What is this about?
Patna High Court, CRIMINAL MISCELLANEOUS No.35436 of 2026, decided 21-05-2026 by Rajiv Roy, J. Guddu Kumar v. State of Bihar. Anticipatory bail granted in Majhaulia P.S. Case No. 561 of 2025 under section 30(a) of the Bihar Prohibition and Excise Act; maintainability despite Section 76(2) bar taken from Full Bench ruling in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089; recovery of 9.4 liters country made liquor from bushes, nothing from conscious possession; one criminal antecedent alleged by APP; conditional bail bond Rs. 10,000 with two sureties; order infructuous if antecedent statement proved false.
What did the court decide?
Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender within four weeks from receipt of the order, on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each, subject to conditions (i)-(vi): one bailor to be a family member/relative providing official bona fide document; appearance before the Police Station as and when required for investigation; appearance on every Trial Court date, failure on two consecutive dates without plausible reason entailing cancellation of bail bond by the Trial Court; fortnightly appearance at the concerned police station for six months to mark attendance with certificate submitted to the Trial Court thereafter; no inducement, promise or threat to witnesses or tampering with evidence; desistance from committing any criminal offence again - failing which the State may take steps for cancellation of bail bonds. Order to become infructuous if a criminal antecedent is found contrary to the statement in paragraph-3.