Patna High Court
Ayush Gupta @ Ayush RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioners, subject to surrender, bond and surety conditions.
Summary
The petitioners Raju Yadav, Ayush Gupta and Sudhir Sahni applied for anticipatory bail fearing arrest in a case involving the seizure of 1,109.52 litres of illicit foreign liquor under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act. They contended they were neither owners nor drivers of the pick‑up vehicle from which the liquor was recovered, that their names were supplied by the apprehended driver, and that no liquor was found in their possession. The State opposed bail, highlighting each petitioner's prior criminal antecedents. The court noted the lack of an independent witness to the seizure list and the police’s non‑compliance with Section 105 of the B.N.S.S. After weighing the facts, the court granted anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite alleged involvement in the illicit liquor seizure.
- Whether the petitioners' prior criminal antecedents preclude the grant of bail.
- Whether procedural lapses in preparing the seizure list under Section 105 of the B.N.S.S affect the bail application.
- Application of Section 482(2) of the B.N.S.S in granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1), 41(2)
- B.N.S.S. — s. 105, 482(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- seizure procedure
- Section 105
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33927 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- TAJPUR District- Samastipur
======================================================
Raju Yadav @ Raju Rai S/o Devendra Yadav @ Devendra Rai Resident of
Naua Chak, Bhagwatpur, P.S.- Sarairanjan, District- Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 34769 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- TAJPUR District- Samastipur
======================================================
Ayush Gupta @ Ayush Rai Son of Sunil Gupta R/O Vill.- Tajpur, P.S.- Tajpur,
District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 34781 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- TAJPUR District- Samastipur
======================================================
Sudhir Sahni @ Sudhir Kumar S/o Late Govind Sahni (wrongly typed in
impugned order as Govind Sahni) Resident of Village- Motipur, P.S.- Tajpur,
District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 33927 of 2026)
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
(In CRIMINAL MISCELLANEOUS No. 34769 of 2026)
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 34781 of 2026)
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
Patna High Court CR. MISC. No.33927 of 2026(2) dt.15-05-2026
2/3
2. The instant application for anticipatory bail has been
filed by the petitioners apprehending their arrest in connection
with Tajpur P.S. Case No. 64 of 2026 instituted for the offence
under Sections 30(a), 41(1) and 41(2) of Bihar Prohibition and
Excise Act.
3. The case of the prosecution is that from a pick-up
vehicle, altogether 1109.52 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have falsely been implicated in this
case. Learned counsel for the petitioners has further submitted that
the petitioners are neither the owner nor the driver of the said
pick-up vehicle. They are not apprehended on spot rather their
names were disclosed by the apprehended person. Nothing has
been recovered from the possession of the petitioners. They have
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner, namely, Raju Yadav has submitted that the
address of the petitioner does not match with Raju Yadav as
named by the driver of the said pick-up who was apprehended on
spot. Learned counsel for the petitioners has also submitted there
is no independent witness of the seizure list rather they are police
personnel and police has not complied Section 105 of BNSS while
Patna High Court CR. MISC. No.33927 of 2026(2) dt.15-05-2026
3/3
preparing the seizure list.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioners and has submitted
that petitioner, namely, Raju Yadav is having criminal antecedent
of three cases, petitioner, namely, Ayush Gupta is having criminal
antecedent of four cases and petitioner, namely, Sudhir Sahni is
having criminal antecedent of three cases.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioners on bail. The petitioners are
directed to surrender in the Court below within a period of four
weeks from today and in the event of their arrest or surrender in
connection with Tajpur P.S. Case No. 64 of 2026, they will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) each with two sureties of the like amount each to
the satisfaction of learned Special Judge Excise-II, Samastipur
subject to the conditions as laid down under section 482(2) of
B.N.S.S,
(Ashok Kumar Pandey, J)
Shubham/-
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