Patna High Court
Shashi Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court held that the petitioners are entitled to anticipatory bail, subject to strict conditions, as they lack conscious possession and have clean antecedents.
Summary
The petitioners, Shashi Kumar Gupta and Munni Devi, owners of a motorcycle and a scooty, sought anticipatory bail after police seized 35 litres of spirit from the motorcycle in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. They contended that they had merely lent their vehicles to friends and had no conscious possession of the contraband, also asserting clean criminal records. The State opposed the bail, arguing the seriousness of the offence. The High Court, applying its inherent powers under Section 482 of the Code of Criminal Procedure, granted anticipatory bail subject to a Rs.10,000 bond per petitioner, two sureties, and several conditions including personal appearance before the trial court and verification of antecedents. The order clarified that any observations made would not affect the trial, and bail could be cancelled for non‑compliance.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482 CrPC in a case of alleged possession of illicit spirit.
- Whether the facts show conscious possession and culpability sufficient to deny bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 482 CrPC
- possession of illicit liquor
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11091 of 2026
Arising Out of PS. Case No.-434 Year-2025 Thana- MINAPUR District- Muzaffarpur
======================================================
1. Shashi Kumar Gupta S/o Yadavlal Sah Resident of Village- Mahamadpur
Balmi, P.O. and P.S.- Motipur, District- Muzaffarpur, State- Bihar
2. Munni Devi W/o Raj Kumar Sah Resident of Village- Birpur, P.O. and P.S.-
Kanti, District- Muzaffarpur, State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhigyan Kumar, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in connection with Minapur P.S. Case No. 434 of 2025
instituted for the offences punishable under Sections 30(a) of the
Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, the police intercepted a
motorcycle and a scooty and apprehended two persons. On
search, total 35 liters of spirit was recovered from the
motorcycle.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in this case. Petitioner
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nos. 1 and 2 are the owners of the motorcycle and the scooty
respectively. It is further submitted that the petitioners are
innocent and they had, in fact, given their vehicles to their
friends. However, it was the apprehended accused persons who
were carrying the said spirit. It has further been submitted that
no recovery has been made from the conscious possession of the
petitioners and the petitioners have clean antecedents.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioners are
directed to be released on bail, in the event of their arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
their furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise Court I,
Muzaffarpur in connection with Minapur P.S. Case No. 434 of
2025, subject to the conditions as laid down under Section 482
of the BNSS and subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioners;
(ii) the petitioners will remain present on each and
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every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
petitioners will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioners and in case at any stage, it is found
that the petitioner have concealed their criminal antecedents, the
court below shall take step for cancellation of bail bonds of the
petitioners. However, the acceptance of bail bonds in terms of
the above mentioned order shall not be delayed for purpose of
the same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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