Patna High Court
Anand Kumar Gupta @ Pawan GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted provisionally, subject to verification of the petitioner’s antecedents and compliance with the conditions under Section 482(2) of the CrPC.
Summary
Anand Kumar Gupta sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 25.815 litres of liquor from a public drain. He argued that the liquor was not in his possession, the location was public, and the complaint was motivated by an inimical chowkidar. The State opposed the bail, citing his two prior excise cases. The court granted provisional anticipatory bail on the condition that he furnish bail bonds and two sureties, and that the trial court verify his criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; otherwise it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal antecedent
- liquor seizure
- Section 482(2) CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45406 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- KOCHAS District- Rohtas
======================================================
Anand Kumar Gupta @ Pawan Gupta Son of Ramchandra Sah Resident of
Village- Kochas, Ward No. 14, P.S.- Kochas, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant
For the Opposite Party/s : Ms. Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 25.815 litres of liquor from a place
near a government drain. It is next submitted that petitioner was
not arrested from the spot as such nothing was recovered from
his conscious possession and even alleged recovery is from a
place which does not belong to the petitioner and is accessible
to public at large and he came to be implicated at the instance of
chowkidar with whom he is on an inimical term.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.45406 of 2026(2) dt.08-07-2026
2/2
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
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 Kochas P.S. Case No.132/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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