Patna High Court
Omprakash Gupta @ Om PrakashversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedents.
Summary
The petitioner, Omprakash Gupta, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 165.630 litres of liquor from a public place. He argued that the liquor was not in his possession, the recovery site did not belong to him, and the complainant (the chowkidar) failed to inform police earlier, casting doubt on the prosecution's case. The State opposed the bail, citing the petitioner’s antecedent of four prior cases, three of which were also under the Excise Act. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents within six weeks. It further held that if more than four antecedent cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the alleged recovery of liquor from a public place justifies arrest.
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- criminal antecedent
- bail conditions
- public place recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89230 of 2025
Arising Out of PS. Case No.-765 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Omprakash Gupta @ Om Prakash S/O Sanjay Gupta Resident of Village-
Thave Road Kausalya Chouk, Police Station- Gopalganj, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of four cases out of which three cases
are under the Excise Act and allegation is of recovery of
165.630 litres of liquor from a bush.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.89230 of 2025(3) dt.21-01-2026
2/3
and is accessible to public at large and he came to be implicated
at the instance of Chowkidar but then it is submitted that if the
Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is further submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 trial court
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
Gopalganj Town P.S. Case No. 765 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.89230 of 2025(3) dt.21-01-2026
3/3
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than four cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of four
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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