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Patna High Court

Rajiv Gupta @ Rajiv Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing release upon furnishing the prescribed bond and sureties.

Summary

The petitioner, Rajiv Gupta, applied for regular bail in a criminal case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 219.425 litres of liquor from his old house. He has four prior cases under the Excise Act and has been in custody since 19‑12‑2025. Counsel argued that the petitioner was not arrested at the spot, no liquor was found in his conscious possession, the house was unused, and the complaint was instigated by a hostile watchman. The State opposed the bail, citing the seriousness of the offence and the petitioner’s antecedent record. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, subject to the satisfaction of the trial court.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, considering his prior convictions and the circumstances of the alleged offence.

Subjects

  • bail
  • excise law
  • prohibition
  • criminal procedure
  • Section 30(a)
  • Bihar
  • prior convictions
  • conscious possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12572 of 2026
                     Arising Out of PS. Case No.-51 Year-2024 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Rajiv Gupta @ Rajiv Kumar Sah S/o Late Sukhdev Sah @ Late Sukhdev
                 Gupta R/o Pipra Chautham, P.S.- Chautham, District- Khagaria
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pankaj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Anant Kumar 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   is in custody since 19.12.2025 and allegation is of recovery of

                   219.425 litres of liquor from the old house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a house which was not in use. It is further

                   submitted that petitioner came to be implicated at the instance of

                   the Chawkidar with whom he is on an inimical term. It is next
           Patna High Court CR. MISC. No.12572 of 2026(2) dt.16-04-2026
                                                       2/2




                     submitted that if the privilege of bail is granted to the petitioner,

                     the petitioner will not abscond rather will cooperate in the

                     investigation/trial to prove his innocence.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Five Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with

                     Chautham P.S. Case No. 51 of 2024.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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