Guddu Bharti @ Kanhaiyalal Bharti Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Guddu Bharti @ Kanhaiyalal Bharti Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be enlarged on bail if arrested or upon surrender within six weeks, on bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge Cum Exclusive Special Court Excise Act-I, Saran at Chapra, subject to conditions under section 482(2) of the B.N.S.S.; application stands allowed.

Issue for consideration

Whether the petitioner, apprehending arrest in Garkha P.S. Case No. 560 of 2026 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, should be enlarged on anticipatory bail.

Court's answer

On consideration of the facts and circumstances and material on record, the petitioner, in the event of arrest/surrender within six weeks, is to be enlarged on anticipatory bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge Cum Exclusive Special Court Excise Act-I, Saran at Chapra, subject to conditions under section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail granted (Praveen Kumar, J, Patna High Court, 29-07-2026): Petitioner Guddu Bharti @ Kanhaiyalal Bharti, apprehending arrest in Garkha P.S. Case No. 560 of 2026 (dated 12.05.2026) for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, sought pre-arrest bail. The allegation was recovery of 8.64 liters foreign liquor and 12 liters of beer, stated to total 23.7 liters. Counsel for the petitioner urged that the recovery was made from an open space behind the house accessible to all, that the procedure under Section 103/105 of BNSS was not followed, that nothing was recovered from the conscious possession of the petitioner, and that he had no criminal antecedent; the A.P.P. opposed the prayer. Considering the facts and the material on record, the Court directed that the petitioner, in the event of arrest/surrender within six weeks, be enlarged on anticipatory bail on a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge Cum Exclusive Special Court Excise Act-I, Saran at Chapra, subject to conditions under section 482(2) of the B.N.S.S. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50189 of 2026

Arising Out of PS. Case No.-560 Year-2026 Thana- GARKHA District- Saran

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

Guddu Bharti @ Kanhaiyalal Bharti S/o Santosh Bharti @ Santosh Kumar Bharti R/o Village - Akhituarpur, P. S. - Garkha, District - Saran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Hemant Kumar, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kumar Gautam, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

2 29-07-2026

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Garkha P.S. Case No. 560 of 2026 dated 12.05.2026 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the allegation, 8.64 liters foreign liquor and 12 liters of beer, totaling of 23.7 liters of foreign liquor was recovered.

Learned counsel for the petitioner has submitted that the alleged recovery has been made from the backside of the house and which is an open space accessible to all and was not found inside the room. It has further been submitted that the procedure prescribed under Section 103/105 of BNSS has not

Patna High Court CR. MISC. No.50189 of 2026(2) dt.29-07-2026 2/2

been followed. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner. It has lastly been submitted that the petitioner has got no criminal antecedent.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

Heard the learned counsel for the parties and perused the records.

Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge Cum Exclusive Special Court Excise Act-I, Saran at Chapra in connection with Garkha P.S. Case No. 560 of 2026, subject to conditions as laid down under section 482(2) of the B.N.S.S.

The application stands allowed.

(Praveen Kumar, J)

Aarti/- U T