Chandan Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82395 of 2025 Arising Out of PS. Case No.-359 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Chandan Kumar Gupta son of Gupteshwar Prasad Gupta Resident Of Village -Chaudhary Mohalla, Ps- Dehri (Town), District -Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar Singh, Advocate For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Excise P.S. Case No. 359/2025 for the offence under sections 30(a) and 62 of the Bihar Prohibition and Excise Act lodged on 26.09.2025 by the informant, Nitish Kumar.
3. As per the prosecution story, the allegation is that upon secret information that Chandan Kumar Gupta (petitioner herein) is in the business of liquor, reached the place, upon search of the house, 23.175 liters of country-made liquor recovered/seized. This led to the FIR.
4. Learned counsel for the petitioner submits that he do not have any criminal antecedent, recovery is from the house which is a joint property and cannot be attributed to him.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.82395 of 2025(2) dt.10-12-2025 2/3 the judgment of the 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 wherein it has been 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.
6. Learned APP opposes the prayer submitting that recovery is from the house.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that he do not have any criminal antecedent and recovery is from a joint property, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Court No. 1, Rohtas at Sasaram in connection with Excise P.S. Case No. 359/2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official
Patna High Court CR. MISC. No.82395 of 2025(2) dt.10-12-2025 3/3 document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T