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Patna High Court

Rahul Gupta @ Rahul Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and verification of his criminal antecedent.

Summary

Petitioner Rahul Gupta sought anticipatory bail after the police alleged his involvement in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, based on the statements of a truck driver and a khalasi who claimed he had loaded 600 litres of cough syrup onto a truck bound for Kolkata. The informant’s report led to the seizure of the truck and the cough syrup, but the petitioner was not present at the scene and no documents linked the syrup to him. The petitioner argued innocence, clean antecedent, and that the accusation rested solely on the driver’s testimony. The State opposed bail, contending the petitioner was an accomplice. The Court, after reviewing the material, found no direct evidence of the petitioner’s presence or ownership and therefore granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to verification of his criminal antecedent by the Special Excise Court under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner’s alleged involvement is based only on statements of third parties and he was not present at the place of occurrence.
  • Whether the petitioner can be deemed an accomplice under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of documentary evidence linking him to the seized cough syrup.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • Section 30(a)
  • cough syrup seizure
  • driver testimony
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 482(2)
  • Special Excise Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37108 of 2026
                    Arising Out of PS. Case No.-372 Year-2025 Thana- GAYA KOTWALI District- Gaya
                 ======================================================
                 Rahul Gupta @ Rahul Kumar Gupta S/O Sanjay Kumar @ Sanjay Kumar
                 Gupta Resident of Village /Mohalla - Katari Hill, Near F.CI, Road- P.S-
                 Chandauti ,Distt- Gayaji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

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

                   the learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Kotwali P.S. Case No. 372 of 2025, for

                   allegedly having committed offence under Sections 30(a) of

                   Bihar Prohibition and Excise Act.

                                   3. As per the prosecution story, which has been

                   lodged on the basis of the written report submitted by the

                   informant to the effect that he received an information that one

                   truck bearing registration no. WB23E 5499 was standing on

                   Abu Saleh Road and on the same, wine is loaded. To verify the

                   authenticity of the said information, the informant reached there

                   and found that the truck is loaded with clothes and in the cabin
Patna High Court CR. MISC. No.37108 of 2026(2) dt.27-05-2026
                                            2/4




          and roof phensedyl cough syrup in 30 bags was loaded. The

          driver and the Khalasi produced papers with regard to the

          clothes but, no document was produced regarding the cough

          syrup. In presence of the police personnel, the same was seized

          and the total quantity of the seized cough syrup was found to be

          600 liters. It was informed by the driver and the Khalasi, who

          were apprehended at the place of occurrence that the petitioner

          has loaded the cough syrup and the same was to be delivered to

          Kolkata.

                          4. The learned counsel for the petitioner submits

          that the petitioner is innocent and has not committed any

          offence. He further submits that no recovery was made from the

          possession of the petitioner and the name of the petitioner has

          transpired in the present case only on the basis of the statement

          made by the driver and khalasi of the said truck. The petitioner

          was not even present at the place of occurrence. He further

          submits that he has got no concern with the said cough syrup or

          the truck, which was seized along with the cough syrup. He

          further submits that the petitioner has got a clean antecedent.

                          5. Per contra, the learned APP for the State

          vehemently opposes the prayer for bail of the petitioner and

          submits that 600 liters of cough syrup was recovered and the
Patna High Court CR. MISC. No.37108 of 2026(2) dt.27-05-2026
                                            3/4




          petitioner has been named as an accomplice by the driver and

          Khalasi, therefore he does not deserve the privilege of

          anticipatory bail.

                           6. Having heard the rival submissions and after

          going through the records, it appears that the petitioner was not

          present at the place of occurrence and his name transpired on

          the statement given by the driver and khalasi. 600 liters of

          cough syrup was seized from the truck, which does not belong

          to the petitioner. Considering the facts and circumstances of the

          case, let the petitioner, above named, in the event of arrest or

          surrender within a period of six weeks, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Court of Exclusive Special Excise Court No.-4, Gaya, in

          connection with Kotwali P.S. Case No. 372 of 2025, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S., with further condition:

                       (1) The learned Court concerned shall verify the

          criminal antecedent of the petitioner and in case at any stage, it

          is found that the petitioner has concealed his criminal

          antecedents, the court concerned shall take steps for cancellation

          of bail bond of the petitioner. However, the acceptance of bail
           Patna High Court CR. MISC. No.37108 of 2026(2) dt.27-05-2026
                                                       4/4




                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.



                                                 (Ritesh Kumar, J)
Ajay/Mridula/-

U      T


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