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Patna High Court

Durga Prasad GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Durga Prasad Gupta, the registered owner of a vehicle, feared arrest in a case (PS No. 147 of 2025) alleging possession of 160 litres of illicit liquor under Sections 30(a) and 33 of the Bihar Prohibition and Excise Act. He contended that he was unaware of the liquor being loaded in his car, had no prior criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail application, while the co‑accused had already been granted bail. The Court considered the facts and, noting the lack of direct evidence against the petitioner, ordered that he be released on anticipatory bail upon surrender within six weeks, subject to a bond of Rs.15,000 and two sureties, and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023

Legislation cited

Subjects

  • anticipatory bail
  • prohibition law
  • excise
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90783 of 2025
                       Arising Out of PS. Case No.-147 Year-2025 Thana- Bankebazar District- Gaya
                 ======================================================
                 Durga Prasad Gupta S/o Lalchand Sav Resident of Village- Sobri, P.O.and
                 P.S.- Imamganj, District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Anand, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Bankey Bazar PS Case No. 147 of 2025 instituted for the

                   offences under Sections 30(a) & 33 of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that total 160

                   litres of liquor was recovered from Tata punch.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case as being

                   registered owner of the car and he was not aware that illicit

                   liquor was laded in the vehicle. The petitioner has got no
           Patna High Court CR. MISC. No.90783 of 2025(2) dt.19-01-2026
                                                       2/2




                     concern with the alleged recovery of liquor. The petitioner has

                     no criminal antecedent. There is no compliance of Section 103

                     of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned

                     counsel for the petitioner, therefore, contends that prima-facie

                     no case is made out against the petitioner. Other co-accused has

                     been granted bail by this Court vide order dated 03.12.2025,

                     passed in Cr. Misc. No. 83034 of 2025.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bankey Bazar PS

                     Case No. 147 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T


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