Patna High Court
Rakesh GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to specified conditions and verification of his antecedents.
Summary
The petitioner, Rakesh Gupta, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 138.04 litres of liquor from five motorcycles. He claimed he was not in possession of the seized items, was not the owner of the vehicles, and was implicated solely on the basis of a chowkidar's information without a proper investigation. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties, verification of the petitioner’s criminal antecedents, and a deposit of Rs.10,000 with the Advocates’ Association. If the petitioner is found to have more than four prior cases, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the relevant procedural law.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged involvement in an excise offence.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5864 of 2026
Arising Out of PS. Case No.-471 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Rakesh Gupta S/o Asharfi Sah R/o Village - Jamunya, P.S - Vishambharpur,
District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 138.04 litres of liquor from five
motorcycles. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and is not the owner of any of the seized
vehicle and he came to be implicated at the instance of
chowkidar but then it is submitted that once an accused is
implicated in a case relating to excise, the police starts
Patna High Court CR. MISC. No.5864 of 2026(2) dt.03-02-2026
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implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.20,000/- (Rupees twenty 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
Kuchaikote P.S. Case No.471/2025, 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
four 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 four
Patna High Court CR. MISC. No.5864 of 2026(2) dt.03-02-2026
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case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.10,000/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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