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Patna High Court

Rakesh GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                         3/3




                       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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