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Patna High Court

Shashi Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.11091 of 2026(2) dt.17-02-2026
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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
            Patna High Court CR. MISC. No.11091 of 2026(2) dt.17-02-2026
                                                        3/3




                      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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