Patna High Court
Chotelal GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that bail may be granted in the case, subject to a monetary bond, sureties and specific conditions, despite the petitioner’s prior convictions and earlier non‑disclosure.
Summary
Chotelal Gupta was arrested with 26.4 litres of country‑made foreign liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He had earlier been granted bail by the trial court, which was cancelled because he failed to disclose his criminal antecedents. The petitioner, who has been in custody since 24 May 2025 and has two disclosed prior convictions, applied for bail. The State opposed the application. The Patna High Court, after considering the facts and the petitioner’s custody period, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions regarding the identity of bailors, personal appearance in court, and possible cancellation for concealment of antecedents or repeat offences. The order also clarified that any observations made would not affect the trial.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 despite prior criminal antecedents and prior non‑disclosure.
- Whether the bail bond can be conditioned on verification of criminal antecedents and future conduct.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- criminal antecedents
- non‑disclosure
- Bihar Prohibition and Excise Act
- foreign liquor
- Section 30(a)
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77791 of 2025
Arising Out of PS. Case No.-89 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
======================================================
Chotelal Gupta S/o Amarjit Sah R/o Village- Kala Matihaniya, P.S.-
Vishambharpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baijnath Sah, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 06-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Vishambharpur P.S. Case No. 89 of 2025
registered for the offence(s) punishable under Section(s)
30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, the petitioner was
apprehended with 26.400 liters of country-made foreign
liquor.
4. The learned counsel for the petitioner submits
that earlier the petitioner was granted bail by the learned
Trial Court, however, on account of non-declaration of
criminal antecedents, his bail bond was cancelled. He
Patna High Court CR. MISC. No.77791 of 2025(4) dt.06-01-2026
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further submits that no incriminating article has been
recovered from his conscious possession and that the
petitioner has two criminal antecedents, which he has
declared in paragraph no. 3 of the present application. The
learned counsel lastly submits that he is in custody since
24.05.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 24.05.2025, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court below
where the case is pending/successor court in connection
Vishambharpur P.S. Case No. 89 of 2025, subject to the
following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
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(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the court
concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any stage
it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation
of bail bond of the petitioner. However, the acceptance of
bail bonds in terms of the above-mentioned order shall not
be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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