Patna High Court
Ashutosh DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to specified monetary and reporting conditions.
Summary
The petitioner, Ashutosh Dubey, was implicated in a case (Kalyanpur PS Case No. 80 of 2019) involving the seizure of 4,400 litres of illicit spirit from a vehicle, alleged to be offences under IPC sections 272, 273 and 34 and the Bihar Prohibition and Excise Act sections 30(a) and 41(i). He contended that he was never named as an accused and had sold the vehicle to Gopal Kumar Saha on 8 March 2019, prior to the FIR dated 27 April 2019, thereby having no knowledge or involvement in the subsequent illegal use. The petitioner sought anticipatory bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail, but the Court, after considering the facts, allowed the anticipatory bail application. The bail was conditioned on a Rs. 10,000 bond with two sureties, a mandatory deposit of Rs. 25,000 to the Ramakrishna Mission, and monthly attendance at the local police station. The order emphasized that its observations were prima facie and not to prejudice the trial.
Issues considered
- Whether anticipatory bail can be granted to a person not named as an accused but whose former vehicle is linked to the alleged offences.
- Whether the sale of the vehicle before the FIR negates any liability of the former owner under the IPC and Bihar Prohibition and Excise Act.
- What conditions may be imposed while granting anticipatory bail in such circumstances.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(i)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- vehicle sale
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41587 of 2025
Arising Out of PS. Case No.-80 Year-2019 Thana- KALYANPUR District- East Champaran
======================================================
Ashutosh Dubey S/O Sri Rama Kant Dubey R/O Village- Paranpur, P.S-
Dinara, Distt.- Rohtas. At Present Residing at 7/1 C Picnic Garden 1st Lane,
Tiljala South 24 Parganas, Kolkata (W.B).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms, Eashita Raj, Advocate
Mr. Anuj Kumar
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 12-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State. A counter-affidavit has been filed on
behalf of the State by Mr. Jharkhandi Upadhyay, learned APP.
2. This is the 2nd Attempt on behalf of the petitioner
seeking anticipatory bail in connection with Kalyanpur P.S.
Case No. 80 of 2019 registered for offences under Sections 272,
273 & 34 of the Indian Penal Code and Section 30(a) and 41(i)
of the Bihar Prohibition and Excise Act.
3. There is recovery of 4400 liters of spirit from the
vehicle in question.
4. It has been submitted that the petitioner has not
been named as an accused in the present case and his name has
Patna High Court CR. MISC. No.41587 of 2025(8) dt.12-05-2026
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only transpired during the course of investigation as the
erstwhile owner of the vehicle bearing Registration No. WB-
23B-0759. It has further been submitted that the petitioner had
already sold the said vehicle to one Gopal Kumar Saha on
08.03.2019, i.e., prior to the date of lodging of the FIR dated
27.04.2019, and upon such sale, the petitioner ceased to be the
owner of the said vehicle. It is also submitted that after the sale
of the vehicle, the petitioner had no knowledge of or
involvement whatsoever in the use or operation of the said
truck, and as such, no liability can be fastened upon him in
relation to the allegations arising out of its subsequent use.
5. It is further submitted that the petitioner undertakes
to donate Rs. 25,000/- (Rupees Twenty Five Thousand Only) in
some charitable organization without accepting his guilt.
6. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
7. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
8. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
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bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned concerned
Court below in connection with Kalyanpur P.S. Case No. 80 of
2019, subject to the condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Mission
Saradapitha, P.O. Belur Math. Dt. Howrah,
West Bengal and produce the receipt of the
same before the Court below. The bail bonds
of the petitioner shall be accepted after
verifying the genuineness of the receipt
produced by the petitioner.
(ii). The petitioner is directed to
mark his attendance at the local Police
Station in West Bengal on every 1st Sunday of
each month. Failure to do so shall result in
cancellation of the bail bond of the
petitioner.
9. Let a copy of this order be communicated to the
D.G.P., West Bengal through FAX or e-mail for immediate
compliance.
10. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
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