Patna High Court
Rajiv Gupta @ Rajiv Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to cash bond, sureties, and conditions of appearance.
Summary
The petitioner, Rajiv Gupta, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 114.475 liters of liquor were recovered from a house he shared with family members. He claimed innocence, arguing that no incriminating material was found in his personal possession and that the recovery was from a joint family house. The State opposed bail, citing the seriousness of the offence and the petitioner’s four prior criminal antecedents, while noting non‑compliance with Section 103 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023. The court considered the petitioner’s prolonged custody since 4 November 2025, the principle of parity with a co‑accused who had already been bailed, and the lack of direct evidence against him. Accordingly, the court granted bail on a cash bond of Rs.15,000 with two sureties, imposing conditions of family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
- Whether the petitioner’s non‑compliance with Section 103 of the B.N.S.S., 2023 affects the bail decision.
- Whether the principle of parity with a co‑accused already on bail warrants granting bail to the petitioner.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30
- Section 103
- prior antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4259 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Rajiv Gupta @ Rajiv Kumar Sah S/o Lt. Sukehdev Sah R/o Pipra Chautham,
P.S.- Chautham, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Opposite Party/s : Ms.Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Chautham P.S. case No.
283 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 114.475 liters
liquor was recovered from old house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
further submitted that recovery is made from the joint house of
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the petitioner where other family members also reside. The
petitioner is in custody since 04.11.2025 and has got four
criminal antecedents in which the petitioner is on bail as stated
in paragraph No. 4 of the application. There is no compliance of
Section 103 of B.N.S.S., 2023. Co-accused has been granted
bail by this Bench vide order dated 04.12.2025 passed in Cr.
Misc. No. 84403 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Chautham P.S. case
No. 283 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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