Patna High Court
Prince Raj GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that, due to non‑compliance with mandatory search‑seizure procedures and the petitioner’s clean record, bail must be granted.
Summary
Prince Raj Gupta, the owner and driver of a pickup, was arrested after police claimed to have recovered 169.200 litres of Nepali liquor from his vehicle under the Bihar Prohibition and Excise Act, Section 30(a). The petitioner contended that the seizure was illegal because there was no independent witness and mandatory search‑seizure procedures were not followed, asserting that the recovery was false and politically motivated. He had been in custody since 21‑04‑2026 and had no prior criminal record. The State opposed bail, relying on the allegations in the FIR. The High Court, noting the procedural lapses in the seizure and the petitioner’s clean antecedent, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was directed to be complied with by the Special Judge, First (Excise Act), Darbhanga.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in view of alleged violations of mandatory search‑seizure provisions and the petitioner’s lack of criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- search and seizure
- procedural violation
- political victimisation
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35951 of 2026
Arising Out of PS. Case No.-161 Year-2026 Thana- Excise P.S. District- Darbhanga
======================================================
Prince Raj Gupta S/O Ganesh Prasad Gupta Resident of Village- J.P. Chawk,
Bhagwan Das Mohalla, Ward No. 10, Police Station- Nagar, District-
Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, 169.200 litres of
Nepali liquor was recovered from a Pickup vehicle.
4. Learned Counsel for the petitioner submits that
the petitioner is said to be both the owner and driver of the said
vehicle. Further, learned counsel for the petitioner submits that
there is no independent witness to the search and seizure and,
as such, the mandatory provisions have been violated. Further,
a false recovery has been shown from the vehicle. It is
Patna High Court CR. MISC. No.35951 of 2026(2) dt.08-06-2026
2/2
submitted that as a matter of fact, no liquor was recovered from
his van and he has been falsely implicated on account of local
politics. Petitioner is in custody since 21.04.2026 with no
criminal antecedent.
5. Learned APP for the State opposed the grant of
bail on the basis of allegation made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioner has
no criminal antecedent and there is no compliance of
mandatory provisions of search and seizure, let the above
named petitioner, 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, First (Excise Act), Darbhanga/concerned Court below in
connection with Sadar Excise P.S. Case No. 161 of 2026.
(Soni Shrivastava, J)
Anand/Aryan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.