Patna High Court
Naveen GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail was granted as the petitioner was not the owner at the time of the incident and no prima facie case was established against him.
Summary
The petitioner, Naveen Gupta, sought anticipatory bail after the police recovered 367.5 litres of illicit country-made liquor from a Tata Safari vehicle bearing registration DL9CZ1233, which he owned at the time of sale. The prosecution alleged that the vehicle was used in the contravention of Section 30(a) of the Bihar Prohibition and Excise Act, and that the driver fled the scene. The petitioner contended that he had sold and delivered the vehicle to Dharmendra Kumar on 19‑02‑2020, prior to the incident, and that he was neither present nor in possession of the liquor. The State opposed the bail, arguing that the allegations warranted arrest. The Court, noting the petitioner’s clean antecedent, lack of direct involvement, and the fact that he no longer owned the vehicle, found no prima facie case against him. Accordingly, the Court granted anticipatory bail subject to a Rs.10,000 bond and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether a prima facie case exists against the petitioner given the sale of the vehicle prior to the alleged offence.
- Whether the petitioner’s ownership of the vehicle at the time of the incident is sufficient to sustain the charge under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- vehicle ownership
- illicit liquor
- Section 482
- criminal procedure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27445 of 2026
Arising Out of PS. Case No.-32 Year-2020 Thana- RISIYAP District- Aurangabad
======================================================
Naveen Gupta S/o- Suresh Kumar Gupta, Resident of R.O.-2067, Gali
Mahavir, Sadar Bazar, Delhi.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Shankar Gautam, Advocate.
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Risiup P.S. Case No.32 of 2020 instituted under Sections
30(a) of the Bihar Prohibition and Excise.
3. As per the prosecution case, there is recovery of
367.5 liters of illicit country made liquor from a Tata Safari
vehicle bearing Registration No. DL9CZ1233. It is alleged that
driver of the vehicle fled away from the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case due to being the owner of the vehicle. He further submits
that the seized vehicle was sold and delivered to one
Dharmendra Kumar on 19.02.2020, prior to the alleged incident
Patna High Court CR. MISC. No.27445 of 2026(2) dt.06-05-2026
2/3
and he has no concern with the said vehicle. Learned counsel
submits that the petitioner was neither present on the spot nor he
has any concern with the seized liquor. He further submits that
no prima facie case is made out against the petitioner as on the
date of incedent, he was not the owner, as he had already sold
and delivered the same to the purchaser. Learned counsel
submits that no incriminating article has been recovered from
the conscious possession of petitioner. He further submits that
petitioner has got clean antecedent and he undertakes to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as his
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned Special Judge, Excise-II,
Aurangabad/ concerned Court in connection with Risiup P.S.
Case No.32 of 2020, subject to the conditions laid down in
Patna High Court CR. MISC. No.27445 of 2026(2) dt.06-05-2026
3/3
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
Checking your session…