Patna High Court
Amarnath Gupta @ Amar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
Amarnath Gupta sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 37.18 litres of liquor from a cremation ground, which the petitioner claimed was not in his possession and that the site was public. The petitioner, described as having a clean antecedent, argued that the complaint originated from a hostile watchman rather than any direct police observation. The State opposed the bail. The court, considering the lack of possession, the public nature of the location, and the petitioner's clean record, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of any criminal antecedent within six weeks. It directed that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged liquor was not in the petitioner's possession.
- Whether the petitioner's clean antecedent warrants provisional bail pending verification.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- liquor seizure
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13294 of 2026
Arising Out of PS. Case No.-373 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Amarnath Gupta @ Amar Gupta S/o Late Lalbabu Gupta R/o Village-
Raniganj Bazar, P.S.- Bairiya, District- Baliya, Uttar Pradesh- 277208
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawnit Kumar Tiwary, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 37.18 liters of liquor from a cremation ground.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
Patna High Court CR. MISC. No.13294 of 2026(2) dt.10-03-2026
2/3
term, but then it is submitted that if Chowkidar was aware of the
involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Rivilganj
P.S. Case No. 373 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.13294 of 2026(2) dt.10-03-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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