Patna High Court
Rahul Gupta @ Rahul Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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
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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
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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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