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Patna High Court

Naveen GuptaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
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          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


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