Bipin Kumar Gupta @ Bipin Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63059 of 2025 Arising Out of PS. Case No.-1467 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Bipin Kumar Gupta @ Bipin Gupta S/O Late Laxmi Sao @ Gupta Resident of Village- Laddu Akhara, Naya Govind Gai Ghat, P.S.- Alamganj, DistrictPatna ... ... Petitioner/s
Versus
The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad, Adv.
For the Opposite Party/s :
Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Excise P.S. Case No. 1467 of 2024 dated 20.06.2024 registered for the offences punishable u/s 30(a), 32(1) (3), 36, 41(1)(2) and 56(b) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 398 litres of illicit liquor and liquor making apparatus were recovered from the shop.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner has no concern with the shop
Patna High Court CR. MISC. No.63059 of 2025(3) dt.31-10-2025 2/3 where the alleged recovery has been made. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. The co-accused person has already been granted regular bail by this court vide order dated 11.09.2024 passed in Cr. Misc. No. 64921/2025. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089. The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.63059 of 2025(3) dt.31-10-2025 3/3 enlarged 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 learned court concerned, Patna in connection with Excise P.S. Case No. 1467 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S. with further condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U