Patna High Court
Rupesh Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The application for anticipatory bail is allowed, granting provisional bail subject to conditions.
Summary
The petitioners, Rupesh Kumar Gupta and his son Akash Kumar, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act for alleged recovery of 61.38 litres of liquor from their residence. They argued that they have clean antecedents, that the liquor was located in a joint family house and not in their conscious possession, and that the prosecution’s case relied on a confessional statement made by an accused in police custody, which they claimed lacks evidentiary value. The State opposed the bail, contending that the allegations merit arrest. The Court considered the submissions, noted the lack of direct possession and the questionable reliability of the confessional statement, and directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds and sureties. The order also conditioned confirmation of bail on verification of the petitioners’ clean criminal record by the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) CrPC in view of the alleged offence under Section 30(a) of the Excise Act.
- Whether the confessional statement of an accused in police custody can form a basis for denying anticipatory bail.
- Whether the alleged possession of liquor in a joint family house implicates the petitioners.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- confessional statement
- clean antecedent
- joint family property
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.642 of 2026
Arising Out of PS. Case No.-1206 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
1. Rupesh Kumar Gupta S/o Devnarayan Sao Resident of Mohalla- New
Godown, Maharani Road, Ward No 08, P.S.- Kotwali, District- Gayajee.
2. Akash Kumar S/o Rupesh Kumar Gupta Resident of Mohalla- New
Godown, Maharani Road, Ward No 08, P.S.- Kotwali, District- Gayajee.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh
For the Opposite Party/s : Ms.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 61.38 litres of liquor from the house
of the petitioners.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the house in
Patna High Court CR. MISC. No.642 of 2026(2) dt.15-01-2026
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question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
in the house or the liquor kept in the house was within his
knowledge and they came to be implicated based on
confessional statement of apprehended accused in police
custody, which does not have any evidentiary value. It is next
submitted that Lakhpati Devi, wife of petitioner no.1 took the
name of the accused persons in her confessional statement, but
then, it is submitted that she was made to confess the name of
the petitioners as no wife would implicate her own husband.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.5,00/- (Rupees Five Hundred) each 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 Gaya Excise P. S. Case No.1206 of 2025,
subject to the conditions laid down under Section 438(2) of the
Patna High Court CR. MISC. No.642 of 2026(2) dt.15-01-2026
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Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
verification, it is found that petitioners are persons with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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