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Patna High Court

Alok Gupta @ Alok Kumar Gupta @ Raja BabuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of any incriminating evidence against the petitioner and considering his clean antecedent, anticipatory bail under Section 482(2) of the CrPC is warranted.

Summary

The petitioner, Alok Gupta, sought anticipatory bail after being implicated in a case (Hathua P.S. Case No. 356 of 2025) for alleged possession of 22.6 liters of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution recovered the liquor from a bag discarded by a fleeing individual, not from the petitioner's possession. The petitioner argued he had no connection to the recovered liquor and possessed a clean antecedent. The State opposed the bail, but the court noted that no incriminating material was found on the petitioner and he had no prior record. Consequently, the court granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in the absence of incriminating material and given his clean antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Amendment Act
  • Section 30(a)
  • Section 482(2) CrPC
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11544 of 2026
                      Arising Out of PS. Case No.-356 Year-2025 Thana- HATHUA District- Gopalganj
                 ======================================================
                 Alok Gupta @ Alok Kumar Gupta @ Raja Babu S/o Harendra Prasad
                 Resident of Village- Semariya @ Semaria, P.S.- Nautan, Distt.- Siwan, State-
                 Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Diwakar Pandey, Adv.
                                                  Mr. Priya Raj, Adv.
                 For the Opposite Party/s :       Ms. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-02-2026              Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                            2. The petitioner is apprehending his arrest in connection

                   with Hathua P.S. Case No. 356 of 2025 dated 12.12.2025

                   registered for the offence punishable under Section/s 30(a) of

                   the Bihar Prohibition and Excise Amendment Act, 2022.

                            3. As per the prosecution case, the police has recovered

                   total 22.600 liters of illicit country-made liquor from the bag

                   thrown by a person while fleeing on motorcycle.

                            4. Learned counsel for the petitioner submits that the

                   recovery of alleged liquor is said to have been made from the

                   bag which was lying on the road-side and the petitioner is in no

                   way connected with the same. Lastly, it is submitted that the
              Patna High Court CR. MISC. No.11544 of 2026(2) dt.17-02-2026
                                                          2/2




                        petitioner is a person of clean antecedent.

                                5. Learned APP for the State opposes the prayer for grant

                        of anticipatory bail.

                                6. Having heard learned counsel for the parties and

                        considering the fact that nothing incriminating has been

                        recovered from the conscious possession of the petitioner as

                        also the petitioner having no antecedent, this Court is inclined to

                        grant anticipatory bail to the petitioner.

                                7. Let the petitioner, above named, be released on

                        anticipatory bail in the event of his arrest or surrender before the

                        court below within a period of four weeks from today on

                        furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                        two sureties of the like amount each to the satisfaction of

                        learned Additional Sessions Judge XIII cum Special Judge,

                        Excise Court No.1, Gopalganj in connection with Hathua P.S.

                        Case No. 356 of 2025, subject to the condition as laid down

                        under Section 482(2) of the B.N.S.S.



                                                                             (Ajit Kumar, J)
rishi/-

U         T


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