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Patna High Court

Bullet GuptaversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner under its inherent powers.

Summary

Bullet Gupta sought anticipatory bail after an FIR was lodged under IPC sections 272, 273 read with 34 and the Bihar Prohibition & Excise Act for alleged illicit liquor trafficking. He contended that the identification of him by local chowkidars was implausible because the alleged incident occurred outside his village jurisdiction, and that the recovery of liquor happened 30 minutes later, with only chowkidar testimony. The petitioner argued he had no criminal antecedent and that the allegations were mere suspicion, not attracting a prima facie case under the Excise Act, and thus Section 76(2) of the Act should not bar bail. The State opposed the bail. The High Court, after considering the submissions, exercised its inherent powers under Section 482(2) of the CrPC and granted anticipatory bail, imposing a bond of Rs.20,000 with two sureties and conditions.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged offences under IPC and the Bihar Prohibition & Excise Act.
  • Whether the identification of the petitioner is sufficient to constitute a prima facie case.
  • Whether Section 76(2) of the Bihar Prohibition & Excise Act bars the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • identification
  • jurisdiction
  • illicit liquor trafficking
  • IPC
  • Section 34
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9208 of 2026
                   Arising Out of PS. Case No.-297 Year-2023 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Bullet Gupta S/O Rajendra Sah R/O VILL.- Harsidhi, P.S.- Harsidhi, District-
                 East Champaran, Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Adv.
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   17-02-2026                          Heard the parties.

                                   2.    The petitioner apprehends his arrest in

                   connection with Sugauli P.S. Case No. 297 of 2023 dated

                   17.07.2023 registered for the offences punishable under sections

                   272 and 273 read with section 34 of the Indian Penal code and

                   sections 30(a), 32 and 41(i) of the Bihar Prohibition & Excise

                   Act, (in short ‘Excise Act’).

                                   3. The main submissions advanced by petitioner’s

                   counsel are that as per the prosecution story, two persons were

                   suspected to be involved in trafficking of illicit liquor on a

                   motorcycle and upon seeing the police party, they managed to

                   escape and they were identified by the local chowkidars when

                   they were fleeing, one of whom was said to be the petitioner but

                   the said manner of identification was completely impossible, as
Patna High Court CR. MISC. No.9208 of 2026(2) dt.17-02-2026
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          the petitioner belongs to Harsidhi village under Harsidhi Police

          Station, whereas the alleged place where the accused persons

          were seen falls under the jurisdiction of Sugauli Police Station,

          and the source of identification of the petitioner is completely

          unbelievable. It is further submitted that the recovery of the

          alleged liquor was made from Azad Chowk 30 minutes after the

          accused persons were seen riding on the motorcycle and with

          respect to the said recovery, one person, who was the local

          chowkidar, as well as another chowkidar of a nearby police

          station, were made witnesses. It is lastly submitted that the

          petitioner bears no criminal antecedent and the main ground for

          implicating him in the commission of the alleged trafficking of

          liquor is mere suspicion, hence, the petitioner’s prayer for

          anticipatory bail is not hit by the provisions of section 76(2) of

          the Excise Act as alleged offences punishable under the Excise

          Act, under which the FIR has been registered, do not attract

          even prima facie against the petitioner.

                          4. Learned APP appearing for the State has opposed

          the prayer of the petitioner.

                        5. In the facts and circumstances of this case as well

          as considering the aforesaid submissions, coupled with the pleas

          of the petitioner, this Court is inclined to grant the relief of
             Patna High Court CR. MISC. No.9208 of 2026(2) dt.17-02-2026
                                                         3/3




                       anticipatory bail to the petitioner. Accordingly, let the petitioner

                       named-above, in the event of his arrest or surrender before the

                       learned Court below within a period of six weeks from today, be

                       released on anticipatory bail on furnishing bail bond of Rs.

                       20,000/- (Rupees Twenty Thousand) with two sureties of the

                       like amount each to the satisfaction of the Court concerned in

                       connection with Sugauli P.S. Case No. 297 of 2023, subject to

                       the conditions as laid down under Section 482(2) of the BNSS.




                                                 (Shailendra Singh, J)
annu/-

U        T


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