Patna High Court
Vineeta GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Vineeta Gupta, applied for anticipatory bail fearing arrest in a case where 158.4 litres of illicit foreign liquor were seized from a car she owned, which was driven by her son. The prosecution alleged an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended she had no criminal antecedent, nothing was recovered from her possession, and she was falsely implicated. The State opposed the bail. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code.
- Whether the petitioner is likely to be involved in the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- illicit liquor
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1410 of 2026
Arising Out of PS. Case No.-874 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Vineeta Gupta, W/o Arun Kumar Gupta, Resident of Village- Sinjo, P.S.-
Manika, District- Latehar, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashikant, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending her arrest in connection
with Gaya Excise P.S. Case No. 874 of 2025 instituted for the
offence under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The case of the prosecution, in short, is that from a
car, altogether 158.400 litres of illicit country made foreign
liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. Petitioner is a lady and she has falsely
been implicated in this case. It has further been submitted that in
Patna High Court CR. MISC. No.1410 of 2026(2) dt.09-02-2026
2/2
car two persons were apprehended. She is owner of the car. The
car was being driven by her son. Nothing has been recovered
from her possession. She is having no criminal antecedent.
5.Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of her arrest or surrender
in connection with Gaya Excise P.S. Case No.874 of 2025, she
will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Excise Court
no.3, Gaya, subject to the conditions as laid down under section
438 (2) of the Cr.P.C.
(Ashok Kumar Pandey, J)
lata/-
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