Krishna Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37097 of 2026 Arising out of PS. Case No.-228 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Krishna Gupta Son of Kameshwar Gupta R/o Saiyana, P.O. and P.S.- Shiv Sagar, District- Rohtas at Sasaram, Pin - 821115 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ankita Roy, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 27-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in Excise P.S. Case No. 228 of 2026 registered for alleged offences under Sections 30(a), 32(i) & (iii), 41(i) & (ii) of Bihar Prohibition and Excise Amendment Act, 2018.

3. The allegation is that 213.840 liters country-made liquor was recovered from the dickey of Mahindra XUV 500 vehicle and the petitioner is said to be the rider of the said vehicle.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the possession of the petitioner. He further submits that the petitioner has clean antecedent and is in custody since 08.05.2026.

Patna High Court CR. MISC. No.37097 of 2026(2) dt.27-05-2026 2/2

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering that no incriminating article was recovered from the possession of the petitioner and the petitioner is in custody since 08.05.2026 having no criminal antecedent, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court of Exclusive Special Excise Court-II, Kaimur at Bhabhua, in connection with Excise P.S. Case No. 228 of 2026.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Vikash/- U T