Patna High Court
Prem Gupta @ Prem KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, subject to specified conditions, finding procedural irregularities in the seizure and noting his lack of residence in the seized premises.
Summary
The petitioner, Prem Gupta, sought bail after a seizure of 1,950 kg of Mahua flowers from a house he claimed was a joint family property that he does not reside in. He argued that the seizure violated procedural requirements of the Criminal Procedure Code because the seizure list was not signed by an independent witness and that he had no physical or conscious possession of the contraband. The State contended that the petitioner had a prior criminal antecedent, though he had previously been granted bail in a 2009 case. The Court examined the facts, noting the recovery was from a house not occupied by the petitioner and that procedural lapses existed. Consequently, the Court ordered that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties, one of whom must be a close relative, and conditioned on his cooperation with the investigation, invoking Sections 438(2) of the Cr.P.C. and 482 of the Bihar Narcotic Substances Act.
Issues considered
- Whether the petitioner is entitled to bail despite the seizure of Mahua flowers under Section 30(c) of the Bihar Prohibition and Excise Act.
- Whether the seizure complied with the mandatory provisions of the Criminal Procedure Code, particularly the requirement of an independent witness signature.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- seizure
- joint family property
- Bihar Prohibition and Excise Act
- Section 30(c)
- Criminal Procedure Code
- Section 438
- Section 482
- procedural irregularities
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25905 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- MASAUDHI District- Patna
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Prem Gupta @ Prem Kumar Son of Nanhku Saw Resident of Mohalla -
Hanuman Nagar Vishwanath Mandir Road, Lakhibagh, Masaurhi, P.S.-
Masaurhi, District – Patna. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Chandra, Advocate
For the Opposite Party/s : Mrs. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest for the offences
punishable under Section 30(c) of the Bihar Prohibition and
Excise Act.
3. A perusal of the first information report and the
seizure list would go to show that 1950 kgs of Mahua flower
from 39 sacks has been recovered from the house of the
petitioner.
4. Learned counsel for the petitioner submits that the
house from where the recovery has been made is a joint family
property inhabited by several family members and the said
recovery was made at the back of the petitioner. As a matter of
fact, the petitioner does not reside in the said house. It has also
been submitted that no recovery has been made from the
Patna High Court CR. MISC. No.25905 of 2026(2) dt.24-04-2026
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physical or conscious possession of the petitioner and the
mandatory provisions of the Cr.P.C. have also been violated as
the seizure list has not been signed by any independent witness.
5. Learned APP submits that the petitioner has one
criminal antecedent, to which learned counsel for the petitioner
responds that the petitioner has already been granted bail in the
said case which is of the year 2009.
6. Taking into consideration the facts and
circumstances and also the fact that the said recovery has been
made from the joint family house and the petitioner does not
reside in the said house, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court concerned where the case is
pending/successor Court in connection with Masaurhi P.S. Case
No.36 of 2026, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C./Section 482 of the B.N.S.S.,
subject to further condition that:
(i) One of the bailors will be a family member/close
relative.
(ii) The petitioner shall cooperate in the
investigation/trial and in case of non-cooperation, the
Patna High Court CR. MISC. No.25905 of 2026(2) dt.24-04-2026
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prosecution would be at liberty to move an application for
cancelling the bail bonds of the petitioner.
(Soni Shrivastava, J)
Trivedi/-
U T
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