Patna High Court
Anurag GautamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Anurag Gautam was arrested for smuggling 88.5 litres of illicit liquor using a stolen vehicle, alleged to have violated Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He had been in custody since 9 February 2026 and had one prior criminal antecedent (Madanpur P.S. Case No. 376 of 2025). The petitioner offered to donate Rs. 25,000 to a charitable organization and sought regular bail. The court, after considering the nature of the offence, the period of custody, and the petitioner’s antecedents, allowed the bail application. Bail was granted on a bond of Rs. 10,000 with two sureties, subject to conditions including the charitable donation, monthly attendance at the police station, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in a smuggling case under the Bihar Prohibition and Excise Act despite a prior criminal antecedent
- Whether the petitioner’s offer to donate to charity and other conditions justify the grant of bail
Subjects
- bail
- excise
- smuggling
- illicit liquor
- criminal antecedent
- Bihar Prohibition and Excise Act
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26154 of 2026
Arising Out of PS. Case No.-157 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Anurag Gautam S/o Hari Kishore Singh Resident of Village- Manaria, P.S-
Sahiyar, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sauravh Singh
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Excise P.S. Case No. 157 of
2026, registered for offences punishable under Sections 30(a)
and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the petitioner is
accused of smuggling illicit liquor using a stolen vehicle. 88.50
litres of illicit liquor were recovered from the vehicle. The
petitioner is in custody since 09.02.2026 and has one criminal
antecedent namely, Madanpur P.S. Case No. 376 of 2025.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
Patna High Court CR. MISC. No.26154 of 2026(2) dt.22-04-2026
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without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) 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 Excise P.S. Case
No. 157 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Sevashrama, Swami
Vivekananda Path, Bela, Muzaffarpur, Bihar and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Sahiyar Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii). Before accepting the bail bonds of
Patna High Court CR. MISC. No.26154 of 2026(2) dt.22-04-2026
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the petitioner, the court below shall verify the
petitioner’s criminal antecedents. If it is found that
the petitioner has any criminal antecedents other
than Madanpur P.S. Case No. 376 of 2025, the bail
bonds shall not be accepted. However, if the
petitioner is found to have only one criminal
antecedent, namely Madanpur P.S. Case No. 376 of
2025, the bail bonds shall be accepted by the court
below.
(iv). However, it is made clear that such
verification shall not be used as a ground to
unnecessarily delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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