Patna High Court
Alok Gupta @ Alok Kumar Gupta @ Raja BabuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Code of Criminal Procedure — s. 482(2)
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
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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
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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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