Patna High Court
Mukhlal Prasad GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(1)
- Code of Criminal Procedure, 1973 — s. 482(2)
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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