Patna High Court
Vishal Gupta @ Vikash Gupta @ VikashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, finding the seizure questionable and no direct possession established.
Summary
The petitioner, Vishal Gupta, was implicated in a case (Manjhi P.S. Case No.378 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 41.58 litres of foreign liquor were recovered from a motorcycle. The petitioner argued that he was not apprehended at the spot, no liquor was found in his physical possession, and his name surfaced only through statements of co‑accused Sunny Kumar Choudhary and Vikash Kumar Singh. He further contended that the search‑and‑seizure memo lacked the signatures of two independent witnesses, casting doubt on its legality. The State opposed the anticipatory bail application. Considering the absence of direct possession, the questionable seizure, and reliance on co‑accused statements, the Court exercised its power under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties.
Issues considered
- Whether anticipatory bail can be granted when the accused was not apprehended at the spot and no seizure was made from his physical possession.
- Whether the search and seizure memo lacking signatures of two independent witnesses renders the seizure illegal.
- Whether statements of co‑accused alone suffice to sustain prosecution under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita can be invoked to grant anticipatory bail in the present circumstances.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- search and seizure
- co‑accused statements
- Bihar Prohibition and Excise Act
- Bhartiya Nagarik Suraksha Sanhita
- Section 30(a)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17394 of 2026
Arising Out of PS. Case No.-378 Year-2025 Thana- MANJHI District- Saran
======================================================
Vishal Gupta @ Vikash Gupta @ Vikash Son of Birij Kishore Prasad Gupta
@ Braj Bhushan Prasad @ Brij Bhushan Prasad Gupta Resident of Village-
Katokhar, P.S.- Manjhi, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Adv.
For the Opposite Party/s : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Manjhi P.S. Case No.378 of 2025 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there is recovery of 41.58
liters of foreign liquor from the motorcycle.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and he has
falsely been implicated in this case. Learned counsel for the
petitioner further submits that the petitioner was not
Patna High Court CR. MISC. No.17394 of 2026(2) dt.25-03-2026
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apprehended from the spot and no recovery was made from the
conscious physical possession of the petitioner. Learned counsel
for the petitioner next submits that petitioner’s name has
surfaced on account of statement made by co-accused, Sunny
Kumar Choudhary and Vikash Kumar Singh and also the search
and seizure memo is not signed by two independent witnesses.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that the petitioner was not
apprehended from the spot and therefore no recovery was made
from the conscious physical possession of the petitioner and
further given the fact that his name has surfaced on account of
statement made by co-accused, Sunny Kumar Choudhary and
Vikash Kumar Singh and also given the fact that the search and
seizure memo is not signed by two independent witnesses,
which puts a question mark on the legality and validity of the
seizure itself. Under these circumstances, this Court is inclined
to grant privilege of anticipatory bail to the petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Patna High Court CR. MISC. No.17394 of 2026(2) dt.25-03-2026
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Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned 2nd Exclusive
Special Excise Judge, Saran in connection with Manjhi P.S.
Case No.378 of 2025, subject to the conditions laid down under
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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