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Patna High Court

Amarnath Gupta @ Amar GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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          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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