Rupesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.642 of 2026 Arising Out of PS. Case No.-1206 Year-2025 Thana- Excise P.S. District- Gaya ====================================================== 1.

Rupesh Kumar Gupta S/o Devnarayan Sao Resident of Mohalla- New Godown, Maharani Road, Ward No 08, P.S.- Kotwali, District- Gayajee. 2.

Akash Kumar S/o Rupesh Kumar Gupta Resident of Mohalla- New Godown, Maharani Road, Ward No 08, P.S.- Kotwali, District- Gayajee. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-01-2026

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 61.38 litres of liquor from the house of the petitioners.

4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even the house in

Patna High Court CR. MISC. No.642 of 2026(2) dt.15-01-2026 2/3 question is a joint family property and thus, it cannot be alleged with certainty that it was the petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge and they came to be implicated based on confessional statement of apprehended accused in police custody, which does not have any evidentiary value. It is next submitted that Lakhpati Devi, wife of petitioner no.1 took the name of the accused persons in her confessional statement, but then, it is submitted that she was made to confess the name of the petitioners as no wife would implicate her own husband.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs.5,00/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/ successor Court in connection with Gaya Excise P. S. Case No.1206 of 2025, subject to the conditions laid down under Section 438(2) of the

Patna High Court CR. MISC. No.642 of 2026(2) dt.15-01-2026 3/3 Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioners have antecedent of even one case, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioners are persons with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) vikash/- U T