Patna High Court
Jay Prakash Gupta @ Loli GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding that the recovery of illicit liquor was not made from his physical possession.
Summary
The petitioner, Jay Prakash Gupta, was implicated in a case of illegal liquor trade under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, based solely on a statement by his driver, with no material recovered from his possession. The FIR did not name him, and the seizure list lacked independent witness corroboration. The petitioner sought anticipatory bail, arguing lack of direct involvement, while the State opposed the relief. The court examined the prima facie evidence and noted the absence of physical possession by the petitioner. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond and sureties, invoking Sections 438(2) of the CrPC and 482(2) of the BNSS. The order effectively granted anticipatory bail.
Issues considered
- Whether anticipatory bail is warranted when the accused is not named in the FIR and no material is recovered from his possession.
- Whether the disclosure statement of the driver suffices to implicate the petitioner under the Bihar Prohibition and Excise Amendment Act.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- FIR
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34290 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Jay Prakash Gupta @ Loli Gupta, S/o Surendra Prasad, Resident of Village-
Usari, P.S.- Mohania, Dist.- Kaimur (Bhabua)
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 29-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Durgawati
P.S. Case No.31 of 2026 registered under Section 30(a) of
the Bihar Prohibition and Excise Amendment Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 121.280 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the alleged recovery was made from a
Swift Desire Car bearing Registration No. UP11R6021. The
Patna High Court CR. MISC. No.34290 of 2026(3) dt.29-06-2026
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petitioner has been implicated as an accused solely on the
disclosure statement made by his driver Pawan Kumar, who
was apprehended on the spot. It is submitted that nothing
has been recovered from the conscious possession of the
petitioner. It is further submitted that the seizure list
appears doubtful being not supported by independent
witnesses rather than by police personnel. The petitioner has
three criminal antecedent in which, he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail 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 Special Judge, Excise-II, Kaimur
at Bhabua in connection with Durgawati P.S. Case No.31 of
Patna High Court CR. MISC. No.34290 of 2026(3) dt.29-06-2026
3/3
2026, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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