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Patna High Court

Krishna GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.

Summary

Krishna Gupta was arrested in connection with Excise P.S. Case No. 228 of 2026 for alleged offences under Sections 30(a), 32(i)&(iii), and 41(i)&(ii) of the Bihar Prohibition and Excise Amendment Act, 2018, after 213.84 litres of country-made liquor were recovered from a vehicle in which he was the rider. The petitioner argued that no incriminating article was found on his person and that he has a clean antecedent, having been in custody since 08-05-2026. The State opposed bail. The Court, noting the absence of any seized contraband from the petitioner and his clean record, decided to grant bail on the condition of a Rs.10,000 bond with two sureties of equal amount. The order was made expressly prima facie and limited to the bail application, without prejudice to the trial. The petitioner was released on bail pending further proceedings.

Issues considered

  • Whether bail should be granted to the accused under the Bihar Prohibition and Excise Amendment Act, 2018 in view of the facts of the case.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • illegal liquor
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37097 of 2026
                  Arising out of PS. Case No.-228 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Krishna Gupta Son of Kameshwar Gupta R/o Saiyana, P.O. and P.S.- Shiv
                 Sagar, District- Rohtas at Sasaram, Pin - 821115

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ankita Roy, Advocate
                 For the Opposite Party/s :        Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   27-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Excise P.S. Case No.

                   228 of 2026 registered for alleged offences under Sections

                   30(a), 32(i) & (iii), 41(i) & (ii) of Bihar Prohibition and Excise

                   Amendment Act, 2018.

                               3. The allegation is that 213.840 liters country-made

                   liquor was recovered from the dickey of Mahindra XUV 500

                   vehicle and the petitioner is said to be the rider of the said

                   vehicle.

                                4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the possession of

                   the petitioner. He further submits that the petitioner has clean

                   antecedent and is in custody since 08.05.2026.
                Patna High Court CR. MISC. No.37097 of 2026(2) dt.27-05-2026
                                            2/2




                     5. Learned Additional Public Prosecutor for the State

           has vehemently opposed the prayer for bail of the petitioner.

                     6. Considering that no incriminating article was

           recovered from the possession of the petitioner and the

           petitioner is in custody since 08.05.2026 having no criminal

           antecedent, this Court is inclined to grant bail to the petitioner.

                     7. Let the petitioner, above named, be released

           on bail on furnishing bail bonds of Rs. 10,000/- (Ten

           thousand) with two sureties of the like amount each to

           the satisfaction of the Court of Exclusive Special

           Excise Court-II, Kaimur at Bhabhua, in connection

           with Excise P.S. Case No. 228 of 2026.

                      8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of            adjudication of             the    present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                           (Ansul, J)
Vikash/-

U      T


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