Patna High Court
Vimal Raj Gupta @ Vimal @ Vikky SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Vimal Raj Gupta, sought anticipatory bail fearing arrest in an excise case (Case No. 519 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act after a seizure of 406.080 litres of foreign liquor, where cart pullers had named him. He contended that neither the pickup van nor the cart belonged to him and that no liquor was recovered from his conscious possession, despite having a prior criminal antecedent. Relying on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar (2019 (2) PLJR 1089), he argued that anticipatory bail could be granted even if Section 76(2) of the Act imposes a bar, provided no offence is made out. The State opposed, citing the identification by the cart pullers. The Court, after considering the submissions and the precedent, granted anticipatory bail with conditions, including a payment of Rs 10,000 to the District Legal Services Authority, sureties, regular appearances before police and court, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s alleged involvement, based solely on the cart pullers’ statements, suffices to deny bail.
Subjects
- anticipatory bail
- excise law
- foreign liquor seizure
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25764 of 2026
Arising Out of PS. Case No.-519 Year-2025 Thana- Excise P.S. District- Darbhanga
======================================================
Vimal Raj Gupta @ Vimal @ Vikky Sah S/o- Dhrub Narayan Gupta @ Dhrub
Narayan Sah R/O village - Daruvati Chowk Bakarganj, Laheriasarai,P.S -
Laheriasarai, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishor Prasad, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Excise Sadar P.S. Case No. 519 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the informant alleged
that on secret information about movement of liquor on a pick
up van and then through the cart, the said cart was intercepted
and there is recovery/seizure of altogether 406.080 foreign
liquor. Though the cart pullers gave the name of this petitioner.
This led to the FIR.
4. Learned counsel for the petitioner submits that
neither the pick up van nor the cart belongs to him nor anything
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recovered from his conscious possession, only because the cart
pullers tried to shift the responsibility on him, got implicated,
though he concede that he has one criminal antecedent.
5. The further submission is that without accepting the
allegation and/or the outcome of the present case, he intends to
contribute Rs. 10,000/- to the District Legal Services Authority,
Darbhanga for the purchase of flower pots for the Civil Court
Campus of Darbhanga Judgeship through Demand Draft issued
by the local branch of the State Bank of India.
6. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
7. Learned APP opposes the prayer submitting that the
cart pullers have named him.
8. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
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also that nothing has been recovered from his conscious
possession, in that background, this Court is inclined to extend
him the privilege of anticipatory bail with conditions subject to
payment of Rs.10,000/- to the District Legal Services Authority,
Darbhanga for the purchase of flower pots for the Civil Court
Campus of Darbhanga Judgeship through Demand Draft issued
by the local branch of the State Bank of India.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Special Judge-I, Darbhanga in
connection with Excise Sadar P.S. Case No. 519 of 2025 subject
to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the
Police Station as and when required for co-operating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
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dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
10. Let a copy of this order be sent to the learned
Principal District and Sessions Judge, Darbhanga for his perusal
and needful.
(Rajiv Roy, J)
Vijay Singh/-
U T
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