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Patna High Court

Santosh Kumar GuptaversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Santosh Kumar Gupta, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 711 litres of liquor from his Scorpio vehicle. He argued that he had no knowledge of the liquor being in the vehicle and that the actual offender, Mahesh, was apprehended at the scene. The petitioner claimed a clean criminal antecedent and sought anticipatory bail, while the State opposed the relief. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s antecedent. The order stipulated that if any antecedent is discovered, the bail would be revoked, but if the petitioner is found to have a clean record, the bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 30(a) of the Bihar Excise Act and Section 482(2) of the BNSS
  • Whether ownership of the vehicle implicates the petitioner in the offence despite lack of possession
  • Whether the petitioner’s clean antecedent warrants grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • vehicle ownership
  • clean antecedent
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39431 of 2026
                     Arising Out of PS. Case No.-69 Year-2026 Thana- DARBHANGA SADAR District-
                                                        Darbhanga
                 ======================================================
                 Santosh Kumar Gupta S/o Chhote Lal Gupta R/O Village- Kanahauli Math,
                 Kanhauli Khadi Bhandar Chauk, Patel Nagar, P.S Mithanpura ,District
                 Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Yugal Kishore
                 For the Opposite Party/s :      Mr. Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 711 liters of liquor from a Scorpio vehicle.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.39431 of 2026(2) dt.22-06-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Mahesh would misuse the vehicle in the manner as alleged who

          was also apprehended from the spot.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with Sadar

          Excise P.S. Case No. 69 of 2026 subject to the conditions as laid

          down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
            Patna High Court CR. MISC. No.39431 of 2026(2) dt.22-06-2026
                                                        3/3




                      confirmed, but after verification if it is found that petitioner is a

                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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