Patna High Court
Anil Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court ordered verification of the vehicle’s history and the petitioner’s antecedent before deciding on pre‑arrest bail, effectively suspending the bail grant pending those inquiries.
Summary
Anil Kumar Gupta, the registered owner of a vehicle, was implicated in an excise case for allegedly transporting 123 litres of illicit liquor, though he claimed he was not present and had lent the vehicle to co-accused Vikash Kumar Paswan. He applied for pre‑arrest bail, asserting his innocence, clean antecedent, and that the only evidence against him was a confessional statement of the co‑accused, which he argued lacks evidentiary value. The State opposed the bail. The High Court noted the vehicle is in the petitioner's name and ordered the District Court to obtain a report from the District Transport Officer to verify the vehicle’s prior involvement in similar offences and to check the petitioner's criminal record. The Court directed that if no prior involvement or other cases are found, the petitioner may be released on bail on suitable terms, but otherwise the order would lapse. The bail application was disposed pending these verifications.
Issues considered
- Whether pre‑arrest bail should be granted to the vehicle owner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the co‑accused’s confessional statement can be the sole basis for implicating the petitioner.
- Whether the vehicle’s prior history and the petitioner’s criminal antecedent warrant denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- pre‑arrest bail
- excise offence
- illicit liquor
- vehicle ownership
- confessional statement
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38694 of 2026
Arising Out of PS. Case No.-1614 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Anil Kumar Gupta S/o Aditya Prasad R/o Village- Tapakhas, 010 Pawan
Hotel Gali, Tapakhas, Ward No.9, P.S- Chandwa, Dist- Latehar, State of
Jharkhand.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabia Gulnaz, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Excise P.S. Case No. 1614 of 2025 registered for the
offence(s) punishable under Sections 30(a) and 32(3) of the
Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, allegedly
123 litres of illicit liquor was recovered from a car bearing
Registration No.JH-01BS-6939.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Admittedly, at the time of
the alleged seizure and recovery of illicit liquor, petitioner was
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not present and he has been made accused in this case, being the
owner of the vehicle in question, which was given by the
petitioner to co-accused Vikash Kumar Paswan and the same
was being driven by him at the time of said incidence and as
such the petitioner had no idea that he was carrying liquor on
the said car. Petitioner has clean antecedent. On these grounds,
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties and upon perusal of the allegations made in
the FIR and the seizure list, I find that the vehicle in question
stands registered in the name of the petitioner. It has further
been submitted that the petitioner was not present at the time of
the alleged seizure and that his implication in the present case is
based solely on the basis of confessional statement of the co-
accused recorded before the police, which has no evidentiary
value. In the aforesaid facts and circumstances, the learned
District Court is directed to call for a report from the District
Transport Officer concerned with regard to the vehicle in
question so as to ascertain whether, prior to institution of the
present FIR, the said vehicle had been involved in any similar
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activity. The District Transport Officer must also verify the
records of the vehicle as mentioned in the FIR on the basis of
its registration number, engine number and chassis number. In
the event, it is found that the vehicle in question had not
previously been involved in any such activity, then in that
case, the learned District Court shall release the petitioner
on pre-arrest bail on such terms and conditions as it may
deem fit and proper.
7. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
8. The bail application, accordingly, stands disposed
of.
(Purnendu Singh, J)
Sanjay/-
U T
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