Guddu @ Shyam Bihari GuptaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43675 of 2026
                          Arising Out of PS. Case No.-6 Year-2021 Thana- ITARHI District- Buxar
                 ======================================================
                 Guddu @ Shyam Bihari Gupta S/o Lutawan Gupta R/o Vill- Nonar, P.S.-
                 Ramgadh, Distt- Kaimur (Bhabhua), State- Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Navin Kumar Singh, Advocate
                 For the Opposite Party/s :        Ms.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   09-07-2026                  Heard         Mr.Navin Kumar Singh, learned counsel for

                   the petitioner and Ms.Asha Kumari, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Itarhi P.S.Case No.06 of 2021,FIR dated

                   06.01.2021 registered for the offences punishable under

                   Sections 30(a),30(D) & 30(E) of Bihar Prohibition and Excise

                   Act and Sections 420,467,468,474,120(B) of IPC.

                                3. Recovery is of 270 liters of illicit Spirit.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent. He has falsely been implicated

                   in the present case. From a bare perusal of the FIR it appears

                   that the petitioner was not present at the place of occurrence.

                   The recovery has been made from the Car in question. Name of
Patna High Court CR. MISC. No.43675 of 2026(2) dt.09-07-2026
                                            2/4




          the petitioner has been transpired during investigation on the

          basis of the confessional statement of co-accused person,

          namely, Ritesh Gupta @ Babli and except the aforesaid, nothing

          has come during investigation against the petitioner to suggest

          the involvement of the petitioner in the present occurrence.

          There is non-compliance with mandatory procedure prescribed

          for recovery under Section 100 of Cr.P.C./Section 103 of BNSS,

          2023. No case, whatsoever, would be made out against the

          petitioner under the Bihar Prohibition and Excise Act.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner referring the

          provision contained in Section 76(2) of the Bihar Prohibition

          and Excise Act and submitted that the pre-arrest bail would not

          be maintainable.

                       6. This Court is aware of the decision of the Full

          Bench in the case of Ram Vinay Yadav Vs. State of Bihar

          reported in 2019 (2) PLJR 1089. Having regard to the law laid

          down in the aforesaid judgment and the submission advanced on

          behalf of the parties, this Court for the limited purpose of grant

          of anticipatory bail, is inclined to accept the submission of

          Counsel for the petitioner.

                       7. Considering the aforesaid facts, petitioner has clean
Patna High Court CR. MISC. No.43675 of 2026(2) dt.09-07-2026
                                            3/4




          antecedent, name of the petitioner has been transpired during

          investigation on the basis of the disclosure made by the

          apprehended co-accused person and nothing has been recovered

          from conscious possession of the petitioner, let the petitioner,

          above named, in the event of his arrest or surrender before the

          court below within a period of thirty days from the date of

          receipt of the order, 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 learned Special Excise Court

          No.1, Buxar in connection with Itarhi P.S.Case No.06 of 2021,

          subject to the conditions as laid down under Section 438(2) of

          the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023

          and with other 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/her absence on two consecutive dates without sufficient

          reason, his/her 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
               Patna High Court CR. MISC. No.43675 of 2026(2) dt.09-07-2026
                                                           4/4




                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his/her

                         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

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T