Patna High Court

Vinod Kumar Gupta @ Binod Prasad GuptaversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The Court granted pre‑arrest bail to the petitioner subject to bond and conditions under Section 482(2) of the BNSS Act, 2023.

Summary

Vinod Kumar Gupta, the owner of two vehicles, was implicated in a case (PS Case No.166 of 2022) where police seized 628.5 litres of illicit liquor. He was charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner contended that he had no knowledge of the liquor, nothing was recovered from his possession, and he possessed a clean antecedent. The State opposed the grant of pre‑arrest bail. The Court, after considering the submissions, directed that the petitioner be released on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the BNSS Act, 2023, and directed verification of his criminal antecedent, with the order liable to be revoked if he is found involved in other cases.

Issues considered

Whether pre‑arrest bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 where no liquor was recovered from his possession.

Legislation cited

BNSS Act, 2023 — s. 482(2)

Subjects

pre‑arrest bail
illicit liquor
Bihar Prohibition and Excise Amendment Act
Section 30(a)
bail conditions
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25396 of 2026
                   Arising Out of PS. Case No.-166 Year-2022 Thana- MADANPUR District- Aurangabad
                 ======================================================
                 Vinod Kumar Gupta @ Binod Prasad Gupta Son of Gopal Prasad Resident Of
                 Village- Satyendra Nagar, PS- Aurangabad Town, Dist- Aurangabad

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Mukul Kumari, Advocate
                 For the Opposite Party/s :      Mr.Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. Petitioner seeks pre-arrest bail in connection with

                   Madanpur P.S.Case No.166 of 2022 registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise Amendment Act, 2018.

                                3. As per the allegation made in the FIR, the police

                   seized total 628.5 ltrs. of illicit liquor from two Auto bearing

                   Registration No.BR26C 2896 and BR26E 4738.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   no concern with the seized liquor. Nothing has been recovered

                   from the petitioner. Learned counsel further submitted that the

                   petitioner is the owner of the vehicle but he had no knowledge
Patna High Court CR. MISC. No.25396 of 2026(2) dt.22-04-2026
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          that the same was used for illicit liquor. Petitioner has clean

          antecedent.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail to the petitioner.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, considering the fact that nothing has

          been recovered from the possession of the petitioner, the

          petitioner is directed to be released on pre-arrest bail, in the

          event of his arrest or surrender before the learned district court

          within a period of four weeks from today, on furnishing bail

          bond of Rs.10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned Special Judge,

          Excise Court No.01, Aurangabad/concerned court, in connection

          with Madanpur P.S.Case No.166 of 2022, subject to conditions

          as laid down under Section 482(2) of BNSS of 2023.

                       7. The learned district court is directed to verify the

          criminal antecedent of the petitioner and if it is found that the

          petitioner is involved in some other cases as what has been

          stated in paragraph No.3 of the bail application, this order will

          automatically lose its force.

                       8. If the petitioner is again found to be involved in any

          case instituted under Section 30 of the Bihar Prohibition and
            Patna High Court CR. MISC. No.25396 of 2026(2) dt.22-04-2026
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                      Excise Act, the Superintendent of Police must direct the

                      Investigating Officer concerned to take the petitioner into

                      custody in accordance with law.



                                                (Purnendu Singh, J)
chn/-

U       T

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