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Patna High Court

Vimal Raj Gupta @ Vimal @ Vikky SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.25764 of 2026(2) dt.22-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.25764 of 2026(2) dt.22-04-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.25764 of 2026(2) dt.22-04-2026
                                                       4/4




                     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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