Patna High Court
Rajesh Kumar Gupta @ Rajesh GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioner, Rajesh Kumar Gupta, sought anticipatory bail fearing arrest in a case (Shahpur P.S. Case No. 66 of 2024) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 100 litres of liquor in a scooty. He contended that he was falsely implicated, had no knowledge of the contraband, possessed no criminal antecedent, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court examined the prima facie evidence and the statutory requirements, and, applying Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, granted anticipatory bail subject to a bond of Rs. 15,000 and two sureties, with further conditions. The order directs the petitioner to surrender within six weeks if arrested, and the bail is conditioned on compliance with the lower court's directions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending case under the Bihar Prohibition and Excise Act.
- Whether the prosecution has established a prima facie case against the petitioner.
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.
- Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, permits the grant of anticipatory bail in these circumstances.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 30(a)
- Section 103
- Section 482(2)
- criminal procedure
- bail conditions
- prima facie case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15591 of 2026
Arising Out of PS. Case No.-66 Year-2024 Thana- SAHPUR District- Bhojpur
======================================================
Rajesh Kumar Gupta @ Rajesh Gupta Son of Jaikishun Sah Resident of
Village - Sonki, P.S.- Shahpur, District - Bhojpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagadeo Choubey, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Shahpur P.S. Case No. 66 of 2024 instituted for the
offences punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 100 litres
of liquor was recovered from scooty.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. It is
further submitted that the name of the petitioner has transpired
as being the owner of the vehicle in question and has no
knowledge regarding the goods loaded in the vehicle. Petitioner
Patna High Court CR. MISC. No.15591 of 2026(2) dt.12-03-2026
2/2
has no concern with the alleged recovery. Learned counsel,
therefore, submitted that prima-facie, no case is made out
against the petitioner. The petitioner has no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner, above named, in the event of
arrest/surrender before the lower court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Shahpur P.S. Case
No. 66 of 2024, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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