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
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(i), 32(iii), 41(i), 41(ii)
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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