Patna High Court
Digambar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to a bond and specific conditions.
Summary
The petitioner, Digambar Gupta, was arrested on 8 April 2026 after police observed him carrying a bag from which 3.800 litres of country‑made liquor were seized during a raid, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner contended that he was implicated solely on suspicion and that no material linked him to the liquor beyond the initial observation. The State opposed bail, highlighting the petitioner’s antecedent of seven other cases, though he was already on bail in those matters. The court examined the facts, noting the lack of concrete evidence tying the petitioner to the contraband and considered his criminal antecedent. It ordered his release on bail with a bond of Rs 10,000 and two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence, while allowing verification of his antecedent without delaying bail. The bail was thus granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 given the nature of the offence and the petitioner’s criminal antecedent.
- Whether mere suspicion and the seizure of liquor are sufficient grounds to deny bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- suspicion
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40872 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- THAWE District- Gopalganj
======================================================
Digambar Gupta Son of Ramchandra Gupta Resident of Village - Videshi
Tola, Police Station - Thawe, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
08.04.2026 in connection with Thawe P.S. Case No. 89 of 2026
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act 2022.
3. According to prosecution case the informant
Deepak Kumar, presently posted at S.I. of Thawe Police Station
gave application to the S.H.O., Thawe Police Station, Gopalgan
alleging therein inter-alia that on 06.04.2026 at about 11.30 PM.
during raid and patrolling duty, the police party reached near Jai
Gurudev Medical, Thawe Bazar, where in the light of the police
vehicle, one person carrying a black coloured bag on his back
was seen. On seeing the police vehicle, the said person started
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fleein rapidly and entered into a house and threw the bag in one
corm of the house. Thereafter, he was apprehended by the pol
personnel on the basis of suspicion and on inquiry he disclosed
name as Digambar Gupta. Subsequently, search of the coloured
bag allegedly thrown by the petitioner was conducted and total
3.800 liters of country made liquor was recovered near Jai Guru
Dev Medical, Thawe Bazar. Thereafter, seizure list of the
recovered liquor was prepared at the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case. It is
next submitted that from perusal of the FIR it appears that
altogether 3.800 liters of country made liquor was recovered
near Jai Guru Dev Medical, Thawe Bazar. It is next submitted
that petitioner has been made an accused in the present case
merely on the basis of suspicion and except the aforesaid
nothing has come up to suggest the involvement of the
petitioner in the present occurrence and petitioner is in custody
since 08.04.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of seven cases other than
the present case but fairly submits that the petitioner is on bail in
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the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 Exclusive
Special Excise Court No. 1, Gopalganj in connection with
Thawe P.S. Case No. 89 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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