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Patna High Court

Mukhlal Prasad GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.

Summary

Mukhlal Prasad Gupta, the owner of a Hyva truck, was implicated in the recovery of 803.520 litres of liquor alleged to be in violation of Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016. He applied for anticipatory bail, asserting that he had a clean antecedent and that the liquor was seized from his vehicle without his knowledge, as the driver fled the scene. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bail bond, two sureties, and a condition that the trial court verify the petitioner’s criminal antecedents. If any antecedent is discovered, the bail may be revoked; otherwise, it will be confirmed. The petitioner also undertook to deposit a further amount with the Advocates’ Association.

Issues considered

  • Whether anticipatory bail should be granted in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
  • Whether ownership of the vehicle used for alleged contravention is sufficient to justify denial of bail.
  • Whether the petitioner’s clean antecedent status affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent
  • Section 482 CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6488 of 2026
                     Arising Out of PS. Case No.-141 Year-2025 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
                 Mukhlal Prasad Gupta Son of Sahadeo Gupta Resident of Village - Hatwa
                 Railway Colony Ward No. .3, Bhatni, P.S. - Hatwa Nakahni Bhatni, District -
                 Deoria (Uttar Pradesh)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Yashraj Bardhan
                 For the Opposite Party/s :      Ms. Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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 Sections 30(a) and

                   41(1) of Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 803.520 litres of liquor from a Hyva truck. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   he came to be implicated based on the fact that he is owner of

                   the seized vehicle. It is next submitted that no prudent person

                   would use his own vehicle for committing an occurrence and
Patna High Court CR. MISC. No.6488 of 2026(2) dt.04-02-2026
                                            2/3




          thus would create evidence against himself and hence would get

          implicated and at the same time shall bring disrepute to his

          business. It is also submitted that the petitioner was completely

          unaware that his driver would misuse his vehicle in the manner

          as alleged who also fled from the spot.

                       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.500/- (Rupees five hundred) 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

          Dumariyaghat P.S. Case No.141/2025, 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 even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.6488 of 2026(2) dt.04-02-2026
                                                         3/3




                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, 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.1500/- with Advocates’ Association,

                       Patna High Court within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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